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HomeMy WebLinkAbout1990-02-20 Support Documentation Town Council Regular Session~~ R- VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 20, 1990 7:30 p.m. AGENDA 1. Ordinance No. 3, Series of 1990, second reading, an ordinance amending Title 8 of Health and Safety of the Municipal Code of the Town of Vail by the addition of Chapter 8.36 Skier Safety; and setting forth details in regard thereto. 2. Ordinance No. 4, Series of 1990, second reading, an ordinance approving an Intergovernmental Agreement between the Town of Avon, Eagle County, and the Town of Vail, outlining issues such as future public use and financing, contingencies for the Berry Creek 5th Filing and the Miller Ranch; and setting forth details in regard thereto. 3. Ordinance No. 5, Series of 1990, second reading, an ordinance amending Section 18.29.030 of the Municipal Code of the Town of Vail by adding "Private Off-Street Surface Parking" as a conditional use in the Arterial Business Zone District. (Applicant: Vail Associates., Inc.) 4. Ordinance No. 8, Series of 1990, first reading, an ordinance re-zoning a parcel of property legally described as Lots 4 and 5, Block 2, Bighorn 1st Addition, and amending the official zoning map in relation to the re-zoning of said property. 5. Appointment of Vail Valley Marketing Board Member 6. Action on Letter of Intent to Purchase Forest Service Spraddle Creek and Golf Maintenance Parcels 7. Discussion of People Mover UMTA Grant Application CITIZEN PARTICIPATION 8. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 20, 1990 7:30 p.m. REVISED AGENDA 1. Ordinance No. 3, Series of 1990, second reading, an ordinance amending Title 8 of Health and Safety of the Municipal Code of the Town of Vail by the addition of Chapter 8.36 Skier Safety; and setting forth details in regard thereto. 2. Ordinance No. 4, Series of 1990, second reading, an ordinance approving an Intergovernmental Agreement between the Town of Avon, Eagle County, and the Town of Vail, outlining issues such as future public use and financing, contingencies for the Berry Creek 5th Filing and the Miller Ranch; and setting forth details in regard thereto. 3. Ordinance No. 5, Series of 1990, second reading, an ordinance amending Section 18.29.030 of the Municipal Code of the Town of Vail by adding "Private Off-Street Surface Parking" as a conditional use in the Arterial Business Zone District. (Applicant: Vail Associates, Inc.) 4. Ordinance No. 8, Series of 1990, first reading, an ordinance re-zoning a parcel of property legally described as Lots 4 and 5, Block 2, Bighorn 1st Addition, and amending the official zoning map in relation to the re-zoning of said property. 5. Resolution No. 5, Series of 1990, a resolution in support of the Eagle County mill levy election for recreational facilities. 6. Resolution No. 6, Series of 1990, a resolution providing for certain types of Town expenditures and contributions in-kind in regard to the Eagle County mill levy .election for recreational facilities. 7. Appointment of Vail Valley Marketing Board Member 8. Action on Letter of Intent to Purchase Forest Service. Spraddle Creek and Golf Maintenance Parcels 9. Discussion of People Mover UMTA Grant Application CITIZEN PARTICIPATION 10. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 20, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. Ordinance No. 3, Series of 1990, second reading, an Larry Eskwith ordinance amending Title 8 of Health and Safety of the Buck Allen Municipal Code of the Town of Vail by the addition of Chapter 8.36 Skier Safety Action Requested of Council: Approve/modify/deny Ordinance No. 3, Series of 1990, on second reading. Background Rationale: Buck Allen has requested that the portion of the State Skier Safety Act dealing with reckless skiers be adopted as an ordinance by the Town. This will allow violations which occur within Town limits to be prosecuted in Municipal Court. Staff Recommendation: Approve Ordinance No. 3, Series of 1990, on second reading. 7:40 2. Ordinance No. 4, Series of 1990, second reading, an Larry Eskwith ordinance approving an intergovernmental agreement between the Town of Avon, Eagle County, and the Town of Vail regarding the Berry Creek 5th Filing and the Miller Ranch Action Requested of Council: Approve/modify/deny Ordinance No. 4, Series of 1990, on second reading. Background Rationale: The Intergovernmental Agreement has finally been. approved, with some changes by the Town of Avon and Eagle County, and should now be approved by ordinance by the Town. Staff Recommendation: Approve Ordinance No. 4, Series of 1990, on .second reading. 7:50 3. Ordinance No. 5, Series of 1990, second reading, an Mike Mollica ordinance amending the Arterial Business Zone District to allow private off-street surface parking as a conditional use Applicant: Vail Associates, Inc. Action Requested of Council: Approve/modify/deny Ordinance No. 5, Series of 1990, on second reading. Background Rationale: The PEC, at their Jan. 22, 1990 public hearing, unanimously recommended approval of the request (vote of 7-0). Staff Recommendation: Approve Ordinance No. 5, Series of 1990, on second reading. 8:00 4. Ordinance No. 8, Series of 1990, first reading, an ordinance Mike Mollica rezoning Lots 4 and 5, Block 2, Bighorn 1st Addition, from Two Family Residential to Single Family Residential; and. Appeal of the PEC Decision granting approval of a minor subdivision Action Requested of Council: 1} Approve/modify/deny Ordinance No. 8, Series of 1990, on first reading; and 2) Uphold/overturn the PEC decision with regards to the minor subdivision application. Background Rationale: The PEC, at their February 12, 1990 public hearing, unanimously recommended approval of the zone change request (vote of 7-0). The PEC also approved by a vote of 5-2 the minor subdivision request with conditions. The Town Council has called up the minor subdivision request. Staff Recommendation: 1) Approve Ordinance No. 8, Series of 1990, on first reading; and 2) Uphold the decision of the PEC regarding the minor subdivision request. 8:20 5. Appointment of Uail Valley Marketing Board Member Action Requested of Council: Appoint one member to the Marketing Board. Background Rationale: Alan Aarons has resigned from his position as TOU representative to the Vail Valley Marketing Board. To date, four applicants have submitted resumes and wish to be appointed to the position. They are: Jim Feldhaus, Director of Marketing for the Charter at Beaver Creek; Bob O'Malley, retired travel and transportation professional; Mary Anne Daley, radio sales and marketing professional; and Richard Salturelli, restaurateur. 8:30 6. Action on Letter of Intent to Purchase Forest Service Ron Phillips Spraddle Creek and Golf Maintenance Parcels Action Requested of Council: Approve/modify letter of intent. Background Rationale: This letter is important to solidify our position for buying these two parcels (see letter to Bill Wood dated February 15). Staff Recommendation: Approve letter of intent. 8:45 7. Discussion of People Mover UMTA Grant Application Stan Berryman Action Requested of Council: Approve/deny expenditure of funds to allow consultant to perform work to prepare grant application. Background Rationale: Staff has been working with officials from UMTA in Washington, DC and Denver in discussing the steps necessary to proceed with required studies to secure UMTA funding for the project. The Town's former consultant, Lea Elliott, has met with UMTA officials in Washington. The attached scope of work by Lea Elliott will result in a formal UMTA grant application for $500,000 to produce an Environmental Impact Statement for the project Staff Recommendation: Approve the expenditure of funds and proceed with the grant application. 9:05 CITIZEN PARTICIPATION 9:20 8. Adjournment -2- ORDINANCE N0. 3 Series of 1990 AN ORDINANCE AMENDING TITLE 8 OF HEALTH AND SAFETY OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDITION OF CHAPTER 8.36 SKIER SAFETY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail feels it is important to the health, safety and welfare of all skiers using ski slopes within the Town of Vail to enact legislation setting forth the duties and obligations of such skiers. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, as follows: Chapter 8 of the Municipal .Code of the Town of Vail is hereby amended by the addition of Chapter 8.36 SKIER SAFETY to read as follows: 1. 8.36 SKIER SAFETY 8.36.010 PURPOSE The Town Council declares that it is in the interest of the Town to establish reasonable safety standards for skiers using ski areas within the Town. 8.36.020 DEFINITION For the purposes of this Ordinance, "skier" shall mean any person on alpine skis, telemark skis, or snowboards. 8.36.030 SKIER DUTIES A. Each skier solely has the responsibility for knowing the range of his own ability to negotiate any ski slope or trail and to ski within the limits of such ability. B. Each skier has the duty to maintain control of his speed and course at all times when skiing and to maintain a proper lookout so as to be able to avoid other skiers and objects. However, the primary duty shall be on the person skiing downhill to avoid collision with any person or objects below him. It is presumed, unless shown to the contrary by a preponderance of the evidence, that the responsibility for collisions by skiers with any person, natural object, or man-made structure that is marked is solely that of the skier or skiers involved and not that of the ski area operator. C. No skier shall ski on a ski slope or trail that has been posted as "Closed". D. Each skier shall stay clear of snow-grooming equipment, all vehicles, lift towers, signs, and any other equipment on the ski slopes and trails. ,. E. Each skier has the duty to heed all posted information and other ~ warnings and to refrain from acting in a manner which may cause or contribute to the injury of the skier or others. Each skier shall be presumed to have seen and understood all information posted in accordance with this ordinance near base area lifts, on the passenger tramways, and on such ski slopes or trails as he is skiing. Under conditions of decreased visibility, the duty is on the skier to locate and ascertain the meaning of all signs posted. F. Each ski,. snowboard, or telemarking ski used by a skier while skiing shall be equipped with a strap or other device capable of stopping the ski or snowboard should the ski or snowboard become unattached from the skier. G. Before beginning to ski from a stationary position or before entering a ski slope or trail from the side, the skier shall have the duty of avoiding moving skiers already on the ski slope or trail. H. No person shall move uphill on any passenger tramway or use any ski slope or trail while such person's ability to do so is impaired by the consumption of alcohol or by the use of any controlled substance, as defined in Section 12-22-303(7), C.R.S., or other drug or while such person is under the influence of alcohol or any controlled substance, as defined in Section 12-22-303(7), C.R.S., or other drug. I. No skier involved in a collision with another skier or person in which an injury results shall leave the vicinity of the collision before giving his name and current address to an employee of the ski area operator except for the purpose of securing aid for a person injured in the collision; in which event the person so leaving the scene of the collision shall give his name and current address as required by the subsection I after securing such aid. J. No person shall knowingly enter upon public or private lands from an adjoining ski area when such land has been closed by its owner and so posted by the owner or by the ski area operator. 8.36.040 PENALTIES Any person who violates any of the provisions of subsection B, C, E, F, G, H, I, or J of this Section is guilty of an ordinance violation and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500) and a jail sentence of not more than ninety (90) days. Any person under the age of eighteen (18) who violates any of the above listed provisions of this Section is guilty of an ordinance violation and, upon. conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500). -2- 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, anal ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6th day of February , 1990, and a public hearing shall be held on this Ordinance on the 6th day of February 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of February 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -3- r INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED " this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -4- OP.DINANCE N0. 4 Series of 1990 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF AVON, EAGLE COUNTY, AND THE TOWN OF VAIL, OUTLINING ISSUES SUCH AS FUTURE PUBLIC USE AND FINANCING CONTINGENCIES FOR THE BERRY CREEK 5TH FILING AND THE MILLER RANCH; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has purchased a parcel of real estate commonly known as the Berry Creek Ranch 5th Filing ("the property"); and WHEREAS, under certain conditions being met, it is the desire of the Town of Vail to sell the property to the County of Eagle, and it is the desire of the County of the County of Eagle to purchase the property from the Town; and WHEREAS, if certain conditions are not met, the County of Eagle will not be obligated to purchase the property from the Town of Uail, but under such circumstances the County of Eagle and the Town of Avon shall have the right to purchase shares in the property under the terms and conditions set forth in the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. The Intergovernmental Agreement (the "Agreement") attached hereto and made a part hereof by reference between the Town of Vail, the County of Eagle, and the Town of Avon is approved. 2. The Town Manager and the Mayor is authorized to take all steps necessary to execute the Intergovernmental Agreement. 3. The Town Council specifically approves. the sale of the Berry Creek 5th Filing to the County of Eagle in accordance with paragraph 8 of the Agreement, and, as the case may be, the sale of equal interests in the Berry Creek 5th Filing in accordance with the provisions of paragraph 9 of the Agreement. 4. If any part, section, subsection, sentence, clause or phrase of this, Ordinance is for. any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have .passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines .and declares that this Ordinance. ~ is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. b. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated .herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6th day of February , 1990., and a public hearing shall be held on this Ordinance on the 6th day of February 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of February 1990. Kent R. Rose, Mayor ATTEST: Pamela A. .Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer., Town Clerk -2- INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND TOWN OF AVON AND TOWN OF VAIL THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of 19 by and among the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County;" and the Town of Vail, State of Colorado, a municipal corporation, by and through its Town Council; and the Town of Avon, State of Colorado, a municipal corporation, by and through its Town Council. RECITALS A. The Town of Vail intends to use its best efforts to purchase .the parcel of land commonly referred to as the Berry Creek Subdivision, 5th Filing, and as more specifically described in Exhibit A attached hereto and by this reference made a part hereof ("Berry Creek parcel"). B. In addition, the Town may use its best efforts to purchase the parcel of land commonly referred to as the Miller Ranch located near Edwards, Colorado, and more specifically described in Exhibit B attached hereto and by this reference made a part hereof ("Miller parcel"). C. Should the Town of Vail obtain title to the Berry Creek parcel, the Town wishes to sell and the County wishes to purchase .the Berry Creek parcel under the terms and conditions set forth in this Agreement. D. Should the Town obtain title to the Berry Creek parcel and the Miller parcel, the Town wishes to sell and the County wishes to purchase both the Berry Creek and the Miller parcels under the terms and conditions set forth in this Agreement. E. This Intergovernmental Agreement is authorized pursuant to Section 29-1-201, et seq., C.R.S. Now, therefore, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree as follows: 1. The Town of Vail agrees to use its best efforts to purchase the Berry Creek parcel upon terms and conditions acceptable to the Town of Vail. 2. The Town of Vail may use its best efforts to acquire the Miller parcel upon terms and conditions acceptable to the Town of Vail. In the event the Town of Avon or the County or both have purchased an interest in the Berry Creek parcel pursuant to paragraph 9 before acquisition of the Miller parcel by the Town of Vail, then the following provisions shall apply to any subsequent purchase of the Miller parcel. A. If negotiations are commenced between any of the parties to this Agreement and the owner of the Miller parcel for the purchase of the Miller parcel, that party shall notify the other parties within five (5) days of such commencement. Either or both of the other parties shall have the right to participate in the negotiations if they so desire. B. The negotiating parties shall attempt in good faith to agree on terms and conditions of purchase which are acceptable to all the parties. If after a reasonable period of time agreement can be reached between the owner of the Miller parcel and the negotiating parties or any two of the negotiating parties, they shall enter into a contract to purchase the Miller parcel which shall provide that each purchasing party shall be entitled to an equal share of ownership in the Miller parcel as a tenant in common, and each party shall be obligated to pay an equal portion of the purchase price at the closing of the sale. C. If after a reasonable period of time and a good faith attempt, all or any two parties participating in negotiations for the purchase of the Miller parcel are unable to agree upon the terms and conditions of purchase, then any party which wishes to accept Seller's final offer shall be entitled to do so and proceed with the purchase of the Miller parcel. 3. The County shall hire bond counsel and a financial consultant to provide consultation to the parties relating to the financing of the Berry Creek and/or Miller parcels and shall hire a planner to give advice to the parties regarding the planning and development of either the Berry Creek parcel or the Berry Creek and Miller parcels for recreation and employee housing. 4. The Town of Uail shall hire the services of special real estate counsel to provide consultation to the parties regarding the acquisition of the Berry Creek parcel or the Berry Creek and Miller parcels. 5. The parties agree to equally share the costs of the consultants. described in paragraphs 3 and 4 up to the following maximum amounts: Bond counsel and financial consultant - $15,000 Land use planner - $7,500 Real estate counsel - $15,000 -2- t 6. The County shall hold an election in the spring of 1990 ("the election") to place the issue before the registered voters of Eagle County of whether or not to increase the County general fund mill levy in a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, and to develop either the Berry Creek parcel or the Berry Creek and Miller parcels for the purposes of employee/affordable housing and recreation. 7. The County, the Town of Avon, and the Town of Vail agree to cooperate in presenting and explaining the need and rationale for the purchase. of the Berry Creek or Berry Creek and Miller parcels and for their future development as employee/affordable housing and recreation. 8. If at the election, the registered voters of .Eagle County approve an increase in the County general fund mill levy in a sufficient amount for the County to purchase the property and develop the property for employee/affordable housing and recreational purposes, the County shall purchase the property from the Town of Vail for a purchase price equal to the price paid by the Town of Vail for the Berry Creek parcel or the Berry Creek and Miller parcels, plus loan carrying costs (e.g., loan fees, debt service, etc.) .and other direct costs incurred by the Town of Vail to purchase and hold either the Berry Creek parcel or the Berry Creek and Miller parcels to the time of purchase by the County. If the Town of Vail purchases the Berry Creek parcel or the Berry Creek and Miller parcels with cash on hand rather than borrowed funds, the County shall purchase the property form the Town of Vail for a purchase price equal to the price paid by the Town of Vail for the Berry Creek parcel or Berry Creek and Miller parcels and interest thereon at the rate of eight and one-half percent interest (8.5%) per annum .until the time of purchase by the County. 9. If at the election, the registered voters of Eagle County do not approve an increase in the County general fund mill levy in a sufficient amount for the County to purchase the Berry Creek parcel or the Berry Creek and Miller parcels and develop the property for employee/affordable housing and recreational purposes, then the County shall have no obligation to purchase the Berry Creek parcel or the Berry Creek and Miller parcels, from the Town of Vail. However, the County and the Town of Avon may purchase an interest in the Berry Creek parcel or the Berry Creek and Miller parcels, whichever is applicable, as follows: A. If either the County or the Town of Avon wish to purchase the property without contribution from or participation by the other, then the purchasing -3- r government shall be obligated to purchase a fifty percent (50%) interest in the property as a tenant-in-common. B. If both the County and the Town of Avon wish to purchase interests in the property, they shall be obligated to purchase a one-third (1/3) interest each as a tenant-in-common. C. The purchase price to the Town of Avon or the County shall be the appropriate percentage of all costs and expenses the Town of Uail has expended in the purchase, development, and maintenance of the property up to the date and time of purchase, including by way of illustration and not limitation, purchase price, development costs, all fees paid to design and planning consultants and special legal counsels subsequent to the election, costs of planning, designing, and constructing any improvements on the property, and all finance carrying costs (e.g., loan fees, debt service, etc.). D. If the Town of Avon or the County wish to purchase a share in the Berry Creek parcel or the Berry Creek and Miller parcels, as the case may be, as provided for in this paragraph, they shall do so within five (5) years of the date of the certification of the election results by giving written notice to the Town of Vail of their intention to so purchase. Closing of the purchase of the Berry Creek parcel or the Berry Creek and Miller parcels by the Town of Avon or the County, as the case may be, shall occur no later than sixty (60) days after the giving of such notice. It is understood by the parties that should the Town of Vail own both the Berry Creek parcel and the Miller parcel, the Town of Avon or the County shall be required to purchase the specified interest in both parcels. Should the Town of Avon or the County fail to purchase any interest in the property within five (5) years of the date of the certification of the election results, the right to do so shall immediately terminate. 10. During any period of time the Town of Vail is the sole owner of the property, it may make all decisions regarding the property, including by illustration and not limitation, financing, maintenance, and development, which it in its sole discretion deems proper. In addition, the Town of Vail shall have the right to sell the property if it determines, in its sole discretion, such sale is appropriate, during any period of time it is the sole owner of the property including the period of time prior to the election or after the election, notwithstanding the right to purchase shares of the Berry Creek parcel or Berry Creek and Miller parcels given the County and the Town of Avon in paragraph 9 of this Agreement. In the event the Town of Vail sells the property prior to the -4- election, costs of consultants paid by the County and the Town of Avon pursuant to paragraph 5 shall be refunded to them. 11. In the event the Berry Creek parcel is owned by more than one (1) government, each owner will appoint two (2) representatives to form a committee to manage and develop the property. No owner shall pledge, sign, or otherwise transfer or convey its interest in the property without the expressed written consent of all the other owners. No owner shall have the right of partition unless otherwise mutually agreed to by all owners. No owner shall have the right to sign any petition for an annexation or an annexation election or petition for inclusion in any special district without the mutual consent of all the owners. The committee shall establish bylaws for the management and development of the property and shall have the right, if they deem it in the best interest of the owners, to recommend to the owners and the owners may take all steps necessary to establish a separate entity for the ownership, management, and development of the property. In the event the members of the committee fail to agree as to any question affecting the Berry Creek parcel, the question immediately be submitted for a joint determination 6y the governing bodies of all owners. 12. In the event the voters fail to approve an increase in the mill levy to purchase the Berry Creek parcel, the parties agree to share equally the following costs which are in addition to the costs set forth in paragraph 5 of this Agreement: A. A bond counsel fee as compensation for providing services directly related to the mill levy election in an amount not to exceed six thousand five hundred dollars ($6,500). B. A financial advisor fee as compensation for providing advice directly related to the mill levy election in an amount not to exceed two thousand dollars ($2,000). C. The costs of holding a mill levy election in an amount not to exceed fifteen thousand dollars ($15,000). If the registered voters of Eagle County approve an increase in the mill levy for the. purchase and development of the Berry Creek parcel, then all consultation fees expended by all the parties which have been set forth in this Agreement, including bond counsel and financial consultants, planner, and real estate counsel fees are set forth in paragraph 5 hereof, and bond counsel and financial advisor fees as set forth in paragraph 12, as well as the cost of the holding of the election shall be paid from the proceeds of the mill levy increase. -5- 13. This Agreement does not and shall not be deemed to confer upon nor grant to any third party any rights to claim damages or to bring any lawsuit, action or other proceedings against either the Town of Vail, the Town of Avon, or the County because of any breach hereof or because of any terms, covenants, agreements, or conditions contained herein. 14. Except as specifically provided otherwise herein, no modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 15. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County, the Town of Avon, or the Town of Vail, other than those contained herein. 16. This Agreement shall be binding upon the respective parties hereto, their successors or assigns, and may not be assigned by any party without the prior written consent of the other respective parties hereto. 17. All agreements and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid agreement or covenant were not .contained herein. 18. The Town of Avon, the Town of .Vail, and the County each individually represent to each other that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such court determination. IN WITNESS WHEREOF, the parties hereto have. executed this Agreement this day of 19 ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: By: Johnette Phillips, County Clerk Donald H. Welch, Chairman P. 0. Box 850 Eagle, CO 81631 (303) 949-5257 -6- ATTEST: TOWN OF VAIL, STATE OF COLORADO, By and Through Its Town Council By: By: Pamela A. Brandmeyer, Town Clerk Kent R. Rose, Mayor 75 S. Frontage Road West Vail, CO 81657 (303) 479-2100 RTTEST: TOWN OF AVON, STATE OF COLORADO, By and Through Its Town Council By: By: Patricia J. Doyle, Town Clerk Allan Nottingham, Mayor P. O. Box 975 Avon, CO 81620 (303) 949-4280 -7- EXHIBIT A Berry Creek 5th Fili.no PARCEI, A Page 1 of 2 ~ A parcel of land located in the•W. 1/2 of Section 4 and the NE 1/4 of Section 5, Township 5 South, Range 82 West of the Sixth Principal Meridian, County of Eagle, State of Colorado. More particularly described as Lollows: U~~yinnittg aL• a Nuint on t-hr~ southerly right-of-way for Interstate Highway 7U from which the northwest corner of said Section 4 bears, N. 30 degrees 37'20"t4. 2103.11 feet; thence S. 5!3 degrees 13'30"E. along the I-7U right-of-way line 318.59 feet; thence departing from the I-7U right-of-way S. 41 degrees 58'43"W. 141.00 feet; thence S. 48 degrees 01'17"E. 150.00 feat; thence N. 41 degrees 5.(3'43"E. 150.00 feet to a point on the i-7U right-of-way; L-h~nce continuing along the I-70 right-of-way 1?8.41 feet along tht~ arc of a non-tangent curve to the ri.ciht having a rad.i.us of 21."~6.8U feet whose chord bears S. 44 degr.•ees 5G'42"E. 1?8.39 feet; continuing along said right-uf-way line, S. 40 degrees 41'30"E. 289.10 feet, continuing along said right--of-way line, S. 39 degrees 2!3'00"E. 29G.10 feet; continuing:( <sJong said riyl-t-of-way S. 43 degrees 53'30"I;. 366.70 feet; ~:c~ntinuineJ along L-he arc of a tangent curve to L-he left 54U.`.'iU feel- having a radius of 1787.00 feet, whose r.hr~l•d hears S. 54 deyre~~s .l5' 22"E. 53x.45 feet to a point on the east line of th~~ SW 1/4 Section 4; thence dapartiny from the Interstate 70 right-of-way and continuing along the east line oI the 5W 1/4 Secl:ion 4 S. U1 dc~grens 23'01"W. 1372.36 feet to a p~~i.nt can the n<,rther.ly r.ic(hi_-of-wry o1: the Denver and Rio Grande Western Railroad; COntlllul.nCJ along said right-of-way 7.81 feat along the arc of a non-tangent curve to the left having a radius of 1810.00 feet whose chord bears N. 67 degrees 23'40"4V. 72.80 feet; tl~eni:e r_orltirruincJ along said right-of-way N. 66 degrees 14'31"W. 1553.35 feet-; continuing along said right-oL-way N. 89 <legt•ees 44'20"W. 121.Ei4 feeC; continuing along said right-uf-way 1671.11 feet along the arc of a non-tangent curve to the rictht Itaviny a radius of 1860.00 feet whose chord bears N. 3!1 degrees 11' 59"W. 1615.47 feet; continuing along said right-of-way N. 12 degrees 27'.40"W. .171.74 feet; continuing a.lonq said ri.yltt-of-way N. U1 degrees ?5'33"E. 130.18 feet; continuing along t:~e said right-of-way N. 15 d~~yrees 23'59"W. 2~)h.G9 feet Lq a point on the easterly side of the State Highway No. G access road right-of-way; thence continuing along the access road right-of-way N. 77 degrees 39'01"G. 1ti.5U feet; runtinuiny along said right-of-way N. 73 degrees 27'30"E. 220.57 fP_P_t; continuing along said right-of-~oay 141.69 feet along the arc of a tangent .curve to the left having a radius of 577.50 feet whose chord bears N. 58 degrees 37'18"E. 141.34 feet;~thence deprting from the access road right-of-way S. 55 degrees 1G'12"E. 400.00 feet; thence N. 35 dec}roes 17'28"E. 480.81 feet; thence N. 70 degrees 21'00"W. 285.47 feet; thence N. 86 degrees 45'00"W. 148.20 feet to a point on the State Elighway No. 6 access road right-of-way; thence N. 25 degrees 27'30"E. 27.00 feet to a point on the Interstate 70 right-of-way; thence along the Interstate 70 right-of-way S. 86 degrees 45'00"E. 141.60 feet; thence continuing along said right-of-way S. 70 degrees 21'00"E. 550.20 1`eet, to the point of beginning. EX)1I131T A Page 2 of 2 Berry Creek Sth Filing PARCEL B A parcel of land located in the northwest quarter of the. southwest quarter of Section 4, Towrrs}yip 5 South, Range a2 West of t-rc~ Sixth Principal hleridiah, Cagle County, Colorado, more particularly describers as follows: Lt~~yinnincl aL• a ~:~oirrt• on L-Ire west line of Section 4 Lrorn which the southwest corner- of the NW 1/4, SW 1/4 01` Section 4 bears S. U1 degrees 25' 33"W. 254, 00 f.~~eL-; t:hc~nce along the west line of Section 4 N. U.l rlegrees 25'33"E. f3U2.17 feet to a point on the southerly right--o.C-way of the Denver Rio Grande and Western Railroad; thence rsepartiny from the west line of Section 4 and continuing alone) the raa.lroad right-of-way along a curve tU the left an arr lenc)th of 1370.34 feet-, having a radius of 19GU.00 feet, a central angle of 40 degrees 17'33" and a chord bearing S. 3t3 rsegre~_s 17'02"E. 1350.12 feet to a point of the south line of the NW 1./4, S~V 1/4 Section 4; thence departing ft•om the rai~lruad tight-of-tvay and continuing along the south line of t-he NW 1/4 SW 1/4 N. 8y degrees 44'20"W, 3?2.7(i feet to the r_enterline of the L'r~yle River; tlrence departing from the souL-h lines of the NW 1/4 S6V 1/4 and continuing along the cent~~tline of the Eagle River the following four t4) courses: 1) N. 10 degrees 44'20"W. 123.OU feet; 2) N. G2 degrees 20'45"W. 101.07 feet; 3) N. ll7 degrr~s 55'~il"W. 21)9.11 feet; 4) N. 72 degrees 34'27"W. 14U.UU feet; to the point of beginning. Page I of 3 EXIiIBIT li Miller Parcel PARCEL A: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3 AND THE SOUTH 1/2 OF SECTION 4, TOWNSHIP 4~SOUTii , RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A7' A POINT' ON TILE NOI2'I'IlEI2LY RIGIi'T' OF WAY OF 'T'IIE DENVER AND RIO GRANDE WESTERN RAILROAD ANU ON Z'HE WESTERLY LINE OF SECTION 3 FROM WHICH THE SOUTHWEST CORNER OF SECTION 3 BEARS SOUTH O1 DEGREES 25 MINUTES 43 WEST 688.56 FEET; THENCE DEPARTING FROM THE WEST LINE OF SECTION 3 AND CONTINUING ALONG THE NORTHERLY RIGHT OF WAY OF THE DEPJVER AiJD RIO GRANDE RAILROAD RIGHT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS EAST 122.10 FEET; THENCE ALONG A CURVE TO TIIE LEFT APJ ARC LENGTIi OF 568.60 FEET, WITII A RADIUS OF 2764.79 FEET AND A CENTRAL AiJGLE OF 11 DEGREES 47 MINUTES 00 SECONDS; THEiJCE NORTH 74 DEGREES 50 MINUTES 36 SECONDS EAST 2110.57 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 3; TIiENCE ALONG THE CENTER SECTION LINE SOUTH 00 DEGREES 45 MINUTES 59 SECONDS WEST 47.32 FEET; THENCE DEPARTING FROM THE CENTER SECTION LINE IJOR'T'H 74 DEGREES 48 MINUTES 41 SECONDS EAST 207.34 FEET; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTIi OF 95.33 FEET IiAVIiJG A RADIUS OF 1482.60 FEET AND A CENTRAL ANGLE OF 03 DEGREES 41 MINU'T'ES 02 SECONDS TO A POINT COMMON TO THE NOR'i'IiERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE RAILROAD AND THE SOUTHERLY RIGHT OF WAY OF INTERSTATE 70 TIiEtJCE DEPARTING FROM 'T'fiE RAILROAD RIGH`T' OF WAY AND CONTINUING ALOi1G 'TIIE IN'T'ERS'1'A'I'E 70 I2IGIiT OF WAY SOU'1'!i 88 DEGREES 2G MItlU'1'ES 31 SECONDS WEST 7U3.2U FEET; TIiENCE SOU'I'Ii 84 DEGREES 37 MINU'T'ES 31 SECONDS WEST 300.70 FEET; THENCE NORTIi 64 DEGREES 59 MINUTES 29 SECOIJDS WEST 111.8.0 FEET; THENCE SOUTH 88 DEGREES 26 MINUTES 31 SECONDS WEST 700.00 FEET THENCE SOUTH 78 DEGREES 59 MINUTES O1 SECONDS WEST 304.10 FEET; TIiENCE iJORTH 87 DEGREES 57 MINUTES 59 SECONDS WEST 893.80 FEET; TIiENCE NORTH 87 DEGREES 57 MItJUTES 59 SECONllS WEST 153.50 FEET; THENCE ALONG A CURVE TO THE RIGIiT AN ARC LENGTIi OF 501.48 FEET RAVING A RADIUS OF 2441.80 FEET AIJD A CENTRAL ANGLE 11 DEGREES 46 MINUTES O1 SECONDS; TIiEtJCE NORTH 73 DEGREES 33 MINU'T'ES 29 SECONDS WEST 309.80 FEET; THENCE NORTH 73 DEGREES 20 MINUTES 29 SECONDS WEST 1363.20 FEET; TIiENCE NORTIi 66 DEGREES 18 MINUTES 29 SECONDS WEST 367.60; TIiENCE ALONG A CURVE TO 7.'ITE RIGIi'I' Ail ARC LENGTH OF 103.37 FEET WITII A RADIUS OF 1787.00 FEET AND A CENTRAL ANGLE OF 3 DEGREES 18 MINUTES 52 SECONDS TO THE WEST LINE OF THE EAST 1/2 OF SECTION 4; TIiENCE DEPARTING FROM TiiE INTERSTATE 70 RIGHT OF WAY ANU CONTINUING ALONG THE CEiJTER SECTION LINE SOUTH O1 DEGREES 23 MIiJUTES O1 SECONDS WEST 211.79 FEET; TIiENCE DEPARTING FROM THE CENTER SECTION LINE SOUTH 64 DEGREES Ob MINUTES 54 SECONDS EAST 76.53 FEET; TIiENCE SOUTH 07 DEGREES 54 MINUTES 43 SECOtIUS WES'1' 1109.48 FEET; TIiENCE ALONG A CURVE TO THE LEFT AN ARC LENGTIi OF 60.70 FEE'T' WITH A RADIUS OF 1809.86 FEET AND A CENTRAL ANGLE OF 1 DEGREES 55 MINUTES 18 SECONDS TO A POINT Ott THE WEST LINE OF THE EAST 1/2 OF SECTION 4; THENCE ALONG THE CENTER SECTION LINE SOUTIi O1 DEGREES 23 MINUTES O1 SECONDS WEST 53.27 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY; THENCE DEPARTING FROM THE CENTER SECTION LINE AND CONTINUING ALONG THE NORTHERLY RAILROAD RIGHT OF WAY ALONG A CURVE TO THE LEFT AN ARC LENGTH OF 800.23 FEET WITII A RADIUS OF 1859.86 FEET AND A CEiJTRAL ANGLE OF 24 DEGREES 39 MINUTES 08 SECONDS; TIiENCE tJORTH 86 DEGREES 37 MINUTES 36 SECONDS EAST 1917.70 FEET; TO A POINT ON THE EAST LINE OF SECTION 4; THENCE CONTINUING ALOtJG THE SECTION LINE AND THE RALLROAD RIGHT OF WAY NORTH O1 DEGREES 25 MINUTES 43 SECONDS EAST 50.18 FEET TO~THE POINT OF BEGINNING. Page Z of 3 EXi1IBIZ B Miller Parcel EXCEPTING THEREFROM THE "SHANNON TRACT" LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A BRASS CAP FROM WHICH THE SOUTHEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 29 MINUTES 05 SECONDS WEST 1041. U7 i'FI'L'; 'i'lilsNCf; 50U'1'[I U9 UGG12P:t•:.. 31 M.1tJU'1'1'sS 7.1 3EC~ttI1S WES'P 59 . 5U f'EL•''1' '1'O A BRASS CAP; `l'[1EFICE lJUI2'1'H 02 DEGREES 13 ' , MINUTES 18 SECONDS EAST 60.02 FEET '1'O A BRASS CAP; TIiENCE SOUTH 89 .DEGREES 42 MINUTES 26 SECONDS WEST. 59.33 FEET TO A BRASS CAP; THENCE SOUTH 02 DEGREES 04 MINUTES 06 SECONDS EAST 59.82 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE "CEMETERY" LOCATED IN THE SOUTIWEST QUARTER OF SECTION 4 AND THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FENCE CORNER FROM WHICH THE SOUTHEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 22 MINUTES 18 SECONDS WEST 915.23 FEET; THENCE ALONG A FENCE LINE NORTH 02 DEGREES 25 MINUTES 52 SECONDS EAST 402.43 FEET TO A FENCE CORNER; THEIJCE SOUTH 88 DEGREES 08 MINUTES 44 SECONDS EAST 110.78 FEET TU A FENCE CORNER; TIiENCE SOUTH 02 DEGREES 21 MINUTES 29 SECONDS WEST 399.34 FEET TO A FENCE CORNER; TIiENCE NOR'T'H 89 DEGREES 43 MINUTES 58 SECONDS WEST 111.36 FEET TO THE POINT OF BEGINt7Il7G. PARCEL B: A PARCEL OF LAND LOCATED IN THE SOUTii 1/2 OF SECTION 4, TOWNSIIP 5 SOUTH, RANGE 82 WEST OF THE SIXTH PRINCIPAL MERIDIAN7, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 4 FROM WHICH THE SOUTIi QUARTER CORNER OF SECTION 4 BEARS NORTIi 89 DEGREES 39 MINUTES 48 SECONDS WEST 176.00 FEE'T'; THENCE NORTH O1 DEGREES 23 MINUTES 01 SECONDS EAST 473.04 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF THE DEPdVER AND RIO GRA2IDE RAILROAD; THENCE ALONG THE RAILROAD RIGHT OF WAY ALOitG A CURVE TO THE LEFT AN ARC LEPiGTH OF 623.91 FEET WITH A RADIUS OF 1954.86 FEET AND A CENTRAL ANGLE OF 18 DEGREES 14 MINUTES 23 SECONDS; TIiENCE NORTIi 86 DEGREES 37 MINUTES 36 SECONDS EAST 705.28 FEET; THENCE DEPARTING FROM THE RALLROAD RIGIiT OF WAY SOUTH 03 DEGREES 19 MINUTES 24 SECONDS EAST 460.97 FEET TO TIIE SOUTIi LINE OF SECTION 4; THENCE ALONG THE SOUTH LINE OF SECTION 4 NORTH 89 DEGREES 39 MINUTES 48 SECONDS WEST 1360.38 FEET TO THE POINT OF BEGINNING. PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SECTION 4 ON THE SOUTH BANK OF THE EAGLE RIVER FROM WHICH TiiE SOUTHEAST CORNER OF SECTION 4 BEARS SOUTH O1 DEGREES 25 MINUTES 43 .SECONDS WEST 372.44 FEET; THENCE ALONG THE SOUTH BANK OF THE EAGLE RIVER NORTH 74 DEGREES 05 MINUTES 00 SECONDS WEST 133.64 FEET; THENCE SOUTH 86 DEGREES 20 MINUTES 00 SECONDS WEST 119.00 FEET; THENCE SOUTH 64 DEGREES 45 MINUTES 00 SECONDS WEST 321.40 FEET; THENCE EXHIBIT B Miller Parcel Page 3 of 3 DEPARTING FROM THE SOUTH BANK OF THE EAGLE RIVER NORTH 21 DEGREES 10 MINUTES 24 SECONDS WEST 75.00 FEET; THENCE SOUTH 74 DEGREES 58 MINUTES 36 SECONDS WEST 159.94 FEET; THENCE NORTH 14 DEGREES 29 MINUTES 24 SECONDS WEST 1.10.20 FEET; THENCE NORTIi 77 DEGREES 17 MINUTES 36 SECONDS EAST 149.00 FEET; THENCE NORTH 20 DEGREES 37 MINUTES 24 SECONDS WEST 73.10 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTER21 RAILROAD; 'T'HENCE ALONG TIIF, RnIL~ROnU RIGHT' OF WAY tJOI2'I'If 8G i)IsGi21,E5 37 M:CNU`l'ES 3G SECONDS T;AST G31..77, FLL'1' '1'O A I'0111'1' 011 '1'liE EAST LINE OF SECTION 4 ; T1iENCE UEPAI2`I'ING FROM THE RAILROAD .RIGHT OF WAY AND CONTINUING ALOPIG TIIE EAST LINE OF SECTION 4 SOUTIi O1 DEGREES 25 MINUTES 43 SECONDS WEST 165.59 FEET TO 'T'HE POINT OF BEGINNING. PARCEL D: A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE SI:{TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE DENVER AND RIO GRANDE WESTERN RAILROAD AND ON T1iE NORTH BANK OF THE EAGLE RIVER FROM WHICH TIIE SOUTIIWEST CORNER OF SECTION 3 BEARS SOUTIi 10 DEGREES 23 MINUTES 36 SECONDS WEST 500.52 .FEET; TIiENCE ALONG THE RAILROAD RIGIiT OF WAY NORTH 86 DEGREES 37 MINUTES 36 SECONDS EAST 60.63 FEET; THENCE ALONG A CURVE TO THE LEFT AN ARC LENGTIi OF 609.73 FEET WITIi A RADIUS OF 2964.79 FEET AND A CENTRAL ANGLE OF 11 DEGREES 47 MINUTES 00 SECONDS; TIiENCE NORTH 74 DEGREES 5U MINUTES 36 SECONDS EAST' 2053.52 FEET TO A POINT ON TIIE WEST LIRE OF T1iE SOUTHEAST 1/4 SECTION 3; THEIJCE ALONG THE CENTER SECTION LINE NORTIi 00 DEGREES 45 MINUTES 59 SECONDS EAST 56.65 FEET; THENCE DEPARTING FROM THE CENTER SECTION LINE AND CONTINUING ALONG THE RAILROAD RIGHT OF WAY NORTIi 74 DEGREES 48 MINUTES 41 SECONDS EAST 235.93 FEET; T1iENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 4.44.01 FEET, WITH A RADIUS OF 1382.60 FEET AND A CENTRAL ANGLE OF 18 DEGREES 24 MINUTES 00 SECONDS; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 382.47 FEET, WITH A RADIUS OF 5679.70 FEET AND A CENTRAL ANGLE OF 03 DEGREES 51 MINUTES 30 SECONDS; THENCE ALONG A CURVE TO THE RIGHT AN ARC LENGTH OF 319.35 FEET WITIi A RADIUS OF 905.40 FEET AND A CE?1TRAL AP7GLE OF 20 DEGREES 12 MINU'T'ES 33 SECONDS TO A POINT ON THE WEST LII~E OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3; TIiENCE DEPARTING FROM THE RAILROAD RIGHT OF WAY AND CONTINUING ALOIiG THE WEST LINE OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3 SOU'I'Ii 00 DEGREES 27 MINUTES 59 SECOtJDS WEST 72.00 FEET TO THE NOR'I'Ii BAiJK OF THE EAGLE RIVER; THENCE DEPARTING FROM THE WEST LINE OF THE EAST 1/2 SOUTHEAST 1/4 SECTION 3 AND CONTIIdUIIJG ALONG THE NORTH BANK OF THE EAGLE RIVER NORTIi 59 DEGREES 45 MIP7U'I'ES 46 SECONDS WEST 193.28 FEET; Z'IiENCE NORTIi 80 DEGREES 17 MINUTES 43 SECONDS WEST 196.15 FEET; THENCE SOUTH 85 DEGREES 22 MINUTES 49 SECONDS WEST 411.02 FEET; THENCE SOUTH 68 DEGREES 55 MINUTES 22 SECONDS WEST 254.10 FEET; THENCE NORTH 75 DEGREES 51 MINUTES 32 SECONDS WEST 102.36 FEET; THENCE SOUTH 22 DEGREES 56 MINUTES 44 SECONDS WEST 328.27 FEET; THENCE SOUTH 55 DEGREES 44 MINUTES l0 SECONDS WEST 255.99 FEET; THENCE NORTH 84 DEGREES 59 MINUTES 43 SECOP7DS WEST 432.05 FEET; THENCE SOUT1i 75 DEGREES 38 MINUTES 23 SECONDS WEST 444.81 FEET; THENCE SOUTH 60 DEGREES 24 MINUTES 08 SECONDS WEST 542.07 FEET; THENCE NORTH 79 DEGREES 56 MINUTES 14 SECONDS WEST 417.17 FEET; T1iENCE SOUTH 86 DEGREES 49 MINUTES 25 SECONDS WEST 242.25 FEET; THENCE SOUTIi 71 DEGREES 36 MINUTES 56 SECONDS WEST 232.12 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 32 SECONDS WEST 382.04 FEET TO THE POINT OF BEGINNING. y ~- T0: Planning and Environment Commission FROM: Community Development Department DATE: January 22, 1990 SUBJECT: A request to amend Arterial Business Zone District to allow private off-street surface parking as a conditional use. Applicant: Vail Associates, Inc. I. BACKGROUND OF THE REQUEST Vail Associates is requesting an amendment to the Arterial Business District (ABD) to allow for private off-street surface parking as a conditional use. The reason for this request is to ultimately allow the continuation of parking on the Holy Cross Electric site located to the west of Vail Associates maintenance yard. Currently, VA has leased the property to provide parking far employees who occupy the Sunbird Lodge employee housing project and the Timber Ridge units under lease by Vail Associates (approx. 48 units). It would be VA's intention to pursue a conditional use permit to allow the parking on that site if the zoning code amendment is approved. II. EVALUATION OF ZONE CHANGE REQUEST 1. Compliance with the purpose of the Arterial Business District The purpose section of the Arterial Business District is as follows: The ABD is intended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on-site tourist amenities and limited shopping and commercial facilities serving the Town and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances.. ABD is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. The proposed amendment does not conflict with the Purpose section of the Arterial Business District. ~` l ,. 2. Suitability of Existing Zoning. The ABD contains a wide variety of permitted, conditional, and accessory uses. These uses range from office to service stations to light industry to retail.. Parking is, of course, an accessory use found on, each site within the ABD. Because surface parking lots are prevalent in the ABD and because the conditional use process should assure the necessary site specific controls to ensure compatibility of the specific parking lot proposal, we find that the amendment is within the intent and purpose of the ABD. 3. Is the amendment presenting a convenient, workable relationship within Land Uses consistent with .municipal objectives. It is a struggle in Vail to provide adequate parking for all users. Sites which can accommodate surface parking lots without compromising residential areas and that can maintain safe ingress/egress are valuable and support the Town's general development objectives. The ABD is located in an area that is conducive to convenient and functional parking lots. It lies within walking distance of both Lionshead and Cascade Village and has excellent access off of South Frontage Road. We find that with the more specific review through the conditional use permit process, that surface parking lots for private parking may be appropriate in the ABD. 4. Does the amendment provide for the growth of an orderly, viable community. Again, we believe with adequate and specific review of a conditional use request that this use may provide for the growth of an orderly and viable community. Surface parking lots not associated with a specific use are generally sites that are eventually developed. This amendment may allow for a temporary and beneficial use of property in the ABD without compromising its long term availability for the development within the scope of the ABD. III. STAFF RECOMMENDATION The Department of Community Development recommends approval of the proposed amendment to add private off-street surface parking as a conditional use within the ABD. For the reasons stated in this memorandum we find that the use should be a conditional use and each proposal would be subject to the scrutiny of the conditional use permit criteria. ORDINANCE NO. 5 Series of 1990 AN ORDINANCE AMENDING SECTION 18.29.030 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY ADDING "PRIVATE OFF-STREET SURFACE PARKING" AS A CONDITIONAL USE IN THE ARTERIAL BUSINESS ZONE DISTRICT. WHEREAS, the Town Council is of the belief that private off-street surface parking is an acceptable use, subject to the issuance of a conditional use permit, in the Arterial Business Zone District; and WHEREAS, the Town of Vail Planning and Environmental Commission has recommended that private off-street surface parking be permitted as a conditional use in the Arterial Business Zone District. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Section 18.29.030 (A) is hereby amended by the addition of "Private Off-Street Surface Parking". Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision .repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, yr parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this 6th day of February 1990, and a public hearing shall be held on this Ordinance on the 6th day of February , 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 6th day of February , 1990. ATTEST: Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: TOWN OF VAIL MEMORANDUM To: Town Council From: Mike Mollica, Town Planner Date: February 20, 1990 Re: Sable/Lupine Partners, Ltd. The Planning and Environmental Commission, at their February 12, 1990 public hearing reviewed the above named zone change and minor subdivision request. The PEC, by a vote of 7-0, unanimously recommended approval of the zone change request (Ordinance No. 8, Series of 1990). The PEC, by a vote of 5-2, approved the minor subdivision request with the following conditions: 1) That the Town Council approve the zone. change request before the PEC chairperson signs the plat. 2) That the following restrictive covenant be placed on the subdivision: "The primary method of mitigation of natural hazards on the property shall be through direct mitigation of the structure, and the use of berms as the sole or primary method of mitigation shall be prohibited. Berms, retaining walls or other mitigation devices less than six feet in height may be used in conjunction with such direct mitigation." 3) That the following restrictive covenant be placed on the subdivision: "That the total allowable GRFA for the subdivision be as follows; Lot 1 = 3,300 square feet, Lot 2 = 3,300 square feet, Lot 3 = 3,300 square feet and Lot 4 = 3,395 square feet. The total GRFA shall be 13,295 square feet." 4) That the .front, staggered setbacks shall be indicated on the plat. Lot 1 = 40' front setback Lot 2 = 20' front setback Lot 3 = 30' front setback Lot 4 = 50' front setback To: Planning & Environmental. Commission From: Community Development Department Date: February 12, 1990 Subject: A request for a zone change and a minor subdivision for Lots 4 & 5, Block 2, Bighorn 1st Addition. Applicant: Sable/Lupine Partners, Ltd. I. Description of the Proposals The applicant has requested a rezoning and subdivision of the above named lots, more specifically located at 3916 and 3956 Lupine Drive in East Vail. The requests include the following: 1) A zone change from the existing Two Family Residential zone district (duplex) to the Single Family Residential zone district. 2) A minor subdivision which, if approved, would create four single family lots. Both lots are currently vacant, however, Lot 5 does have the remains of a partially constructed foundation. The applicants also propose to relocate an existing intermittent creek that flows through Lots 4 & 5. Surrounding zoning includes Two Family Residential to the east and north, Single Family Residential to the northeast, and Agricultural & Open Space zoning to the west. Lands south of these lots are included in the White River National Forest and are not within the Town's municipal limits. II. Background In October of 1983, the PEC approved a rezoning and minor subdivision for an adjacent duplex lot located at 3967 Lupine Drive. Two single family lots were created (3967 and 3977 Lupine Dr.) from the one duplex lot. The approval required that only one driveway cut be allowed for the two lots. This condition was subsequently removed by the PEC in September of 1987. III. Zoning Analysis A. Lot_Area (Lots 4 & 5 combined) Gross Area: Areas of 40~ slope or greater, and red hazard avalanche: Net buildable area: 115,918 square feet -57,467 square feet 58,451 square feet B. Existing Zoning The current Two Family Residential zoning on Lots 4 & 5 will allow for the construction of one duplex structure on each lot. Current allowable GRFA and site coverage are as follows: Lot 4 GRFA = 6,191 square feet Lot 5 GRFA = 7,104 square feet Total = 13,295 square feet Lot 4 site coverage = 9,766 square feet Lot 5 site coverage = 13.417 square feet Total = 23,183 square feet IV. Criteria To Be Used in Evaluating This Proposal The three criteria to be used in the evaluation of a zone change request are as follows: 1) Suitability of the proposed zoning. It is the staff opinion that the proposed rezoning would be consistent with the Town's municipal objectives and that the rezoning would not create an increase in overall density on this site. The current P/S zoning allows for a total of four dwelling units on the lots, and the proposed Single Family zoning would also allow for a total of four dwelling units. Architecturally, the main differences in the zone districts include the layout, or site planning, and general massing of the structures, (i.e two duplex structures vs four single family structures). The zoning comparisons are as shown in Section V below. There are currently large areas of snow and debris- flow, red hazard and blue hazard avalanche zones within the boundaries of the two lots. There are also rockfall hazard zones and large areas of 40~ slope on the lots. The applicant is proposing to mitigate these hazards by either the construction of large berms (12' in height, 40' in width and approximately 265' in length) uphill, or south, of the proposed residences, or through direct mitigation (structural strengthening of the buildings). The applicant would like to keep the options of mitigation open, and would prefer to have each future lot owner decide the method of mitigation for their particular lot. According to Art Mears, Avalanche-Control Engineer, the levels of safety would be approximately the same for either the direct protection or berming methods. The staff feels strongly that the proposed berming method of mitigation is unacceptable. We believe that the berms would create an excessive amount of scarring on the hilldside as well as the. loss of numerous aspen trees. Vehicular access onto the wooded, hillside to construct the berms would create additional scarring. The applicant is Lupine Drive, one recommending that the project. The limitation from a that the issue of 2) ~jectives? proposing four driveway cuts onto for each lot. The staff is only two driveway cuts be allowed for Town engineer has recommended this perspective of safety and we believe street aesthetics is also applicable. The staff feels that the Single Family Residential zoning designation would be consistent with adjacent land uses and would also be compatible with the existing character of the neighborhood. We are in favor of the proposed, staggered front setbacks along Lupine Drive. There are no major impacts to the vegetation on the site as a result of the staggered setbacks. We believe that the setbacks will contribute positively to the overall appearance of the development as viewed from the street. The applicant has agreed to indicate the setbacks on the recorded plat. A concern that the staff has identified with this project lies with the applicant's request for GRFA. The existing P/S zoning allows for a total GRFA of 13,295 square feet. At the PEC worksession the applicant's GRFA request was for 12,000 square feet, (during the worksession the applicant amended the request to 12,895 square feet).. The applicant is now proposing 14,390 square feet of GRFA. We believe that the existing, allowable GRFA of 13,295 square feet should be maintained. Increases in GRFA, over the current allowable, would only contribute to an increase in the bulk and mass of the structures on lots that have many environmental hazards. 3) Does the rezoning provide for the growth of an orderly. viable community? Staff believes that the rezoning would provide for the growth of an orderly and viable community. The proposed use of four single family residences on this site would be compatible with the neighborhood in terms of density, scale, mass and bulk, and general site planning. V. ZONING COMPARISONS TWO FAMILY 1. Permitted Single. Family Uses: and Two Family Dwellings 2. Setbacks: Front: 20' Sides: 15' Rear: 15' 3. Height: 4. Density: 30'/33' 5. Site 20~ = 23,183 sf Allowable D.U.'s: 4 GRFA: 13,295 sf Coverage: 6. Buildable 15,000 sf Area: 7. Total Lot Lot 1 = 48,830 sf Size: Lot 2 = 67,088 sf SINGLE FAMILY Single Family Dwellings Front: 20' Sides: 15' Rear: 15' 30'/33' Allowable D.U.'s: 4 GRFA: 19,090 sf 20~ = 23,183 sf 12,500 sf PROPOSAL Single Family Dwellings Front: 20-50' Staggered Sides: 15' Rear: 15' 30'/33' Proposed D.U.'s: 4 GRFA: 14,390 sf 20$ = 23,183 sf Lot 1 = 12,648 sf Lot 2 = 13,220 sf Lot 3 = 16,386 sf Lot 4 = 16,187 sf Lot 1 = 34,058 sf Lot 2 = 32,577 sf Lot 3 = 23,567 sf Lot 4 = 25,716 sf VI. Staff Recommendation The staff recommendation is for approval of both the zone change and minor subdivision requests. All of the required .zoning/development standards (i.e minimum lot size, minimum frontage, etc.) for a minor subdivision request have been met. We would recommend that the following conditions of approval be placed upon the minor subdivision: Minor Subdivision conditions: 1) That the Town Council approve the zone change request before the PEC chairperson signs the plat. 2) That the plat include a restriction which prohibits the use of berming as a method of hazard mitigation. 3) That the plat include a restriction which limits the total allowable GRFA to 13,295 square feet. 4) That the plat include a restriction limiting the number of driveway cuts to a maximum of two. WHITE RIVER • NATIONAL FOREST ,,, ARESUBDIVISION OF LOT 14,BLOCK 4 ___ BIGhiORN SUBDIVISION ,THIRD ADDITION ,rwa[w w 1/,PI.11[D PITr-taA Q9EBEl6 81GHORN SUBDIVISION ~ ; '~ .--~'-'""" `fUYUNWQWES TIIIRb ADDITION ~ `"' v ~ ~ c t. ' • ~ ~ P_ ITKIN CREEK_ ~. ~ MEADOWS ~ INTERSTATE 70 , Ip wn.;rnl w I ' '"'° BIGHORh~SU8Dl1 IISION. , Y 1^ ~ : ;.' ~' ;~, ,: ,~ 1 eW ,,,,~ ~;, ~ /- THIRD b01T10 i „•+• ~ RIOGEVIEW SQllARE_ _ ] ~ SUBUIVISION wr.•r ° t .,, ~ ~„ ~ ~~~ ~ •''~ Ii11- I', ),s • , ~ .o ~ 1-"t `--- --- ._ ._.~ -BIGHORN SUB( ~". _ -1 ~ i«n r. 1 / k, :.l ~•r, j..n~,: ~ '' I f n l q H ,i, •u' .K 1 /- .•euwo,: THIRD ADDIT!( ... ;I ' _ PARK . „ . „ ..+, .., .,,. .,~> ,.,.,r, ; ..,, .,,. ., r, -~ - j'~ ,;, ,,; , : 1 ',,vnl EAST >; II •:•/ BIGHORN SUBDIVISION FOURTH ADDITION ,: Ir« ~ - H,I ~ l w.• ~~ ~ a , /// Il "jj,.• ~ i:. ..~~ •Bt HO ~SUBDI alS~ 1.\. "' ~.,.•, ^\ • ..:. rl ., . a„ ` l0 T ~•r ~ 1«11Y'.•1.1 ,,,.1 /lIM1 / •~ a,.1 1] » ,.,r I»r: Iwr .w, ~ - , .~• .~ ~>' / ~ I1 lu.~~1 „•'• ..n ' . to. • ,.. , t/ ~ n .t o..u..uu~. I .. 1 :,•1 (7l-'. ~ - BIGHORNSUBDI ISION +•• ~:`(," _ ~~ '~" :~~C ~.•~/. "" """« SECOND ADDITION ~ ~/ 1` ~ 1 '"" ~~ "' ~~«~ >., >... : ' t s "', .o„ BIGIIORN .,1., 1._..,.1_t 1 >- .S~ ~,.oc" (2~ n+. , f.,. .u., 1'~ CONDOMINIUM • ~ s ~ • > I,e.. l uNh•n[o ...1 I ~ .! . ~ ~ BIGHORIJ ? p l~1 J TERRACE BIGHORN E~TATES ~ L ~ j •:,;~ ~RO~~` """"1'0 BIGIIORN ItFSUBUIVI IUN OF ~ '" •~ St-BINVISION LOTS 10 H 11 (~ ~C~ 81GHORN SUBS`, R[SUIIUIVISION "'"'110 FIRST ADDITION OF LOT 20 BIGHORN ESTAT~$ SUBDIVISION [ sy ~ YrWl.,1lD ~y \ 00 ~ ~p~ ~~ O WHITE RIVER ~0~~ :~a[ Y. l00 .,. a ,. .,~ .~ NATIONAL FOREST 1'lll :..-..__ -__.aliShh l: L +. 1~Y1+•If N11: ,. •• /~RoloosA I,ANO WmIMI •~R®HA2ARD 20rJG~ A'~ LefT~F1ED eti AR1wJR-L.YIAARS ~~i ~ \ \ ~ o-MLI Qj/$ATL2 THAN 4e~ dp Sl ~ ~ ~/ ~/, . (.M 1r11E GORGGRAI.1 f N 6'f A~ / / . D I AS GERrI LAND WrtH V1 •6uE HA'IARD ZeN6° ~ //,'/ , ~ /,/// AS cE f'fIf LCD A-1 ARTHVR Z. MsARS ~ . ~ H No NAZAPa ZoN6 i ~ , / . ~/•. % \, ~j„\~\~/ rr ~ ` ~, \ ~1~~ ~I `///,. '. (~~t`~ ~\``\`\\`` \ ~ LAND 1 i. ~'r ~ \J V ~ ;' ~~/,~, ~f4'~~Jt\{~\'\(~~\\"~~~\\ AS G@LTf16D 3`1 ALTNiR S.I76ATn t \( \\ ~ Y ' v4 t\\~/Y J ~ Y'\JvYt ~~ ~ \\\~~~ ~~\t \ \ avsw ~ \\' rftj v.,~ \ ~,. x ~, [ v \ / ~~~~`j`(Ir ~ J~~/1 y~~'/ ~\Y~~^yi± \~\f' 1\ tip\~`\ \\\\ \~\\\ \ / \ t f . 7 \ ~\~\\\\.\.\\tl \\ \\• \\\ \\\ \ ~ \ \ ~~ ~: \ \~~ \\\\ \ r RGK ~\~~ i I { 6 I I "t~ ~, / ~ ,. LoT I = Terwl LOT AREA: 340.x8 So./T. SRE COYEL+"61! AVOW ABLE: G, 811 SQ.fT, y/11DA6LE AREA. IL,44$ So.PT. k -{p 3,5e0 Sq. Fr~ 4RFA AuaWA{~' $,Leo So. FT (QBSIR iFD Lo'r 2 'ro TAB lQT AREA+ 32,477 S4. fT. SITE Mv~'"Aq AUAUlA61.L: C 5J5 Sm. fT. $V+lDAOUi ARGA'. 13,Zio 54.fT. L~T~GTGO Tb 3,580 SO. PT.~ QIffA AI~wAdLE' 5.121 So. FT. L_°T 3 T/rIl L0T ARRA+ 23,51.7 SD. fT. SITE GorH,uye Aud.MeLE: 4,713 34.fT. E~IVVIme ARPI.' 1J.,3eL so.fT EI[fA ALLOW41sE : 4t3Z So. FT. CRlSTpKTE~'Tb 3,Seo slt. PT.> LoT 4 TOTAL LeT AC®A: 25,711. so~ fT. SItE CWt><A~ AtlouM6LE: 5,14) Sq.fT, EWt,pAQtR ARtA~ IL, 167 SOFT C7LfA AlbuNrkE'4417 '+o.fT. ~R151`R1CT6b Ta 3450 W.fT.~ `r All S1Z~S A/3eJG sualecT "ID G3TRTI FIU TIp.1 6y LIGlNSQD SURM Ydt. ~ToTAI a'85TRICT~ flRf'A ~ 14,310 3B. fT. ) (?~ ~ I I T ~Tf1TAL AUOwJAaP 4KrA ~ 1'I,oeB ..,e.» Is' 1~0T Z \F e, ~~>^m„" so PT) ~...OT '~. a werl I~SIN4LE fAr1`L ~IOT~ i CgINgLE PArnLY IOT~ i CSWhLe OAI"11~1Y_'lOT )1 .. CSII'µBf ~IL`t I.OTI \\\\\ nw.z+ 1 I I I.. L ~ _ /~\ \ ~ P~~nnSE~ '~E-ZaNINE7/"~C--raUgDh/ISI ON s t L_ _. - -~----- 1 ~ I _ -- 1 _ ~ -/V~~ ~~~ Z- 2 -9O ~ ~ ~ .c; r~,'y _ ~i"w ~ \'\`~~ Spt3LE-LUPINE SU6~-vlSlotit =9Y~ ~ 08T ~ a 8S+ ~ ,..\\ ~. A RC-SV6DNISION~RG-2eNIN[T mP loTS 4 e 6, ElocK 2, BIe,HeRN FIRST Am171o^I ~\,\, TOWN OP VAII <oWR~Op ~\ .J.~-.lL/~-i`_7-~~_ ~ ._ ~ ~. _. ~. ~ ~-~ `-~.l 181'/ i _~~'~~~ ~- 1 IIPINE ~IVE -j ~X~'i~~ Ns CoNaQt ~ ioNS ~., ~ ~ \\\\\\ LLNG u1T11 W `REO HL2ARD Zo-1E .~.5 GERTIfIE'D BY .ARtNUR I, MGi.FtS ~~~~~~~ L.AMV cionNq R6.rTH1CT11AN 40~ M Gr RTI F.ED ~ 'WNNIE CORCOR~.N LA.IV WTIw "DUfE HAtARD ZoN®' AY. GeRnf16~ Bi A¢iHVR1.NGA RS LANb IN NO NA~+1Rfl 2oNH AS QstrPIE~ gi ARtNNL1.MEARS OT4 ~ (~uPt.EX ZoN1-it- ~foTi.l. I.OT,.R6~ ~ tb~a3o sa. FT. 51t1i tO~CF~/rC ALLO1J.ap1.G : ~; fLG fO.FT. OA>:IC gRFA /1ll OWA1ll~ (g l'11 s4. FT, 8u1wA01-G ARP#: Is StS Sq, fY. +~ LOT 5~ (VtJPLEX ZOH IN4,~ ~~~ ~•. .\-~ , LPT 4 ~.:OT. S'.' ' (AUTLlrC LOT (R1Pf.EK , LoT~ 1 I 1 s =o~. Tb1Al LoT ARffA ~ l.7~ 08! S.R. FT. 5178 GOVERAFE AItoWAllc: 11,417 f4. FT. nASK 4RM AUONA6I.E : 7~1i~ SO. FT, BUILDAEIE AtEA: AO,1oV SO. FT, y tl tD b! CeaFO+lo h sVS.tYOR ~ X (S-TI IJ Ci LOTS ~ i S _ ~ TzF,~ STL1D'~ CF~AZARpS MITIGATED g~ ~I~EGT P~nTEGTIC~N WITHIN ST~UGTUfzE~ i-s-qo - SABLE-LUPINE S118D-vIS~oN LOTS 4!S BlOGK 2~BIQ/HORN PIFST A1nIT10N Tp1JN of 1%AIL~ COLORADO Lurw>: brr1.,E --~ s~aH CILLLII°N •, Dam Section i'wa:u .. ~,.f ~,~Pes~~ ~~z ~•c (~«:MS `T.~li^ `'=fl .iN6~ n ~ ~`L~ 17..7 \, ! ~fiJE ~F./c __ _~_ ~F.w+ D~: fieLC Ia+1 (G11~J 1'ilrL/bFlr ~wta ~~IL .JLL ~Ir, t~ off LJ~'fU= i• la! IN tY f111 i.i.T~..N Ofd, SNOLd-AVALANCHE AND DEBRIS-FLOW HAZARD ANALYSIS AND j. MITIGATION CONCEPTS LOTS 4 AND 5, BIGHORN 2nd ADDITION, VAIL Prepared For Mr. Al Amaral Arthur I. Mears, P.E., Inc. Gunnison, Colorado April, 1989 1 OBJECTIVES AND LIMITATIONS This analysis of snow-avalanche and debris-flow hazard and mitigation concepts on Lots 4 and S, Bighorn 2nd Addition, was j requested by Mr. Amaral and Dir. Tim Boyle, P.E., of Vail. Specifically, the study has the following objectives: a. Analysis of the dynamic characteristics of design-y magnitude (100-year) snow avalanches on Lots 4 and 5; b. Estimation of the frequency (return period) of ~: major avalanches that may reach the building areas; c. Discussion of the structural mitigation procedures ~; that can be used to protect buildings and living areas; d. Descriptior, of debris-flow and debris-avalanche hazard; and e. Discussion of risk from avalanches. ~~ This study is site specific and should be applied to only this area. Avalanche and debris-flow characteristics will differ considerably at various locations, therefore the findings of this study cannot be applied to other sites. 2 SNOW-AVALANCHE CHARACTERISTICS AND FREQUENCIES Two snow-avalanche paths affect Lots 4 and 5: (a) the "Waterfall" avalanche will reach portions of Lot 5, and (b) the "Landslide"-avalanche will reach Lot 4 and 5. The Waterfall avalanche begins on steep, deforested, northeast- facing slopes at 10,500 feet elevation, some 2,100 feet. above the lots (Figure 1). Terrain analysis indicates that the "design- magnitude," or "100-year" avalanche will result as 10-15 acres of snow breaks away in the upper starting zone, descends .the channel, spreads over the alluvial fan and stops in Gore Creek. When this occurs, several lots. (and existing buildings) will be reached by avalanche debris, including portions of Lot 5 (Figure 2). The design avalanche will not be contained by the existing channels on the alluvial fan, but will spread laterally and entrain aspen trees as it advances down the fan. Such a major avalanche will probably occur in the dry winter snowpack, therefore the design-avalanche will consist of dry-flowing snow. This conclusion is based on a statistical study of avalanche terrain in Colorado, my familiarity with avalanch a behavior in the local area, and a dynamics analysis of the Waterfall avalanche. ~: Inspection of aerial photographs dated 1939, 1950, 1962, 1974, - and 1984 give some indication of avalanche frequency. Debris from only one large avalanche could be seen on these photos. 1~ This avalanche occurred between 1950 and .1962, stopped above the locaer waterfall, and did not descend over the cliffs to the alluvial fan. Although this was the largest avalanche to occur during a 45-year period, apparantly only a small .part of the potential starting zone and snow mass was involved. This could be deduced from the channel directions that conveyed moving snow in the upper basin. If the entire 10-15 acres of starting zone had released, the avalanche would have been much larger and probably would have reached Gore Creek. The return period of of avalanches to Gore Creek is probably 50-to-100 years. If the Waterfall path releases as a large wet-snow avalanche it will move slowly and be confined to the channels on the alluvial fan. Portions of the wet snow could turn sharply to the east and west and cause deep snow to be deposited against and structures. The Landslide avalanche is located directly above the Lot 4/Lot 5 boundary. This is a small avalanche path of some 400 vertical feet elevation difference and begins below the thick limestone cliff. This avalanche path became more active since a debris avalanche occurred in May, 1984 and removed the entire forest cover, leaving an open scar approximately 150-200 feet wide through the aspen forest. Because snow will not adhere well to the existing surface, avalanches are frequent and will flow into the upper part of Lot 4 nearly every year. When thick, unstable snow slabs accumulate on these steep slopes, avalanches will sweep across most of Lot 4 and part of Lot 5 stopping near the south edge of Lupine Drive (Figure 2}, The boundaries of the design-magnitude avalanches in both the Waterfall and the Landslide paths are shown on Figure 2. 3 SNOW-AVALANCHE MITIGATION 3.1 Protection from waterfall avalanche Two forms of avalanche protection were considered in the Waterfall path: (a) diversion walls, and (b) direct protection as discussed below. A diversion wall was considered as protection for the western part of Lot 5. Such a wall, if properly oriented and 15-20 feet high could increase the hazard-free area on the Waterfall alluvial fan such that one or possibly two buildings could be placed in an avalanche-free zone. However, such a diversion wall would deflect avalanches and possibly increase. avalanche frequency on the Lots north of Lupine Drive. Because a diversion wall may, in this case, increase the hazard to adjacent property, this mitigation option was rejected. Direct-protection structures are the recommended mitigation form within the runout zone of the Waterfall. avalanche. Direct- protection~structures are of two types: 7 a. Reinforcement of buildings for avalanche loads; and b. Placing reinforced wedges directly above buildings to prevent avalanches from reaching uphill building walls. This is a common form of avalanche protection in areas of"~ moderate avalanche hazard ( "Blue Zones") , and has been used at many Vail sites. If buildings are to be placed inside the Waterfall avalanche runout zone (Figure 2), direction-protection should be used to reduce the avalanche hazard. i Direct-protection structures can take many forms, depending on the shapes, sizes, and orientations of the buildings that need protection. Requirements for final design of direct-protection structures are discussed in Section 4 of this report. Advantages of direct-protectiion structures are: a. Complete protection is attained for those inside the building; b. Additional earthwork and excavation is usually not required; c. Buildings often do not appear to be designed for avalanche impact. Disadvantages of direct-protection structures are: a. Special design and construction can increase building costs by 10~ to 20g; b. Complete protection of the site is not achieved (not an important factor with long return-period avalanches. 3.2 Protection from the "Landslide" avalanche The Landslide avalanche path is small, therefore large velocities _. a nd flow depths are not expected, even during the design- avalanche conditions. This avalanche can be stopped by building a catchincr dam at right angles to the avalanche flow direction (Figure 3). The structure will serve to protect buildings on the northern part of Lots 4 and 5 such that special design of direct- protection structures will not be required within this area. The dimensions of dam cross sections are shown in Figure 4. 4 DESIGN OF DIRECT-PROTECTION STRUCTURES Design-loading standards for direct-protection structures (in the Waterfall runout zone) incorporated into buildings can only be given when final building characteristics are known. Specification of loading standards requires knowledge about the following architectural and design details: a a. Building location; b. Building shape; and c. Building orientation. When these architectural details become known, design-avalanche forces can be resolved into normal and shear components, and t:1e heights, strengths, and other details of direct protection structures can be specified. This design requires careful communication between the property owner, architect, structural engineer, and avalanche-engineering specialist in order to ensure a safe design. 5 DEBRIS-FLOW HAZARD Diost of the Waterfall alluvial fan has been built from debris flows, consequently the fan surface must be exposed to debris- flow risk. The extent of the debris-flow areas are indicated on Town of Vail mapping. Only the northwestern corner of Lot 5 is reached by debris flows, therefore they will not constitute a building constraint at this location. 6 DEBRIS-AVALANCHE HAZARD The prominent landslide scar which presently serves as an avalanche path was indica ted a s "debris-avalanche hazard" on the 1984 Town of Vail maps. This area has stabilized and no longer presents a danger (from d ebris avalanche) to Lots 4 or 5. Snow avalanches do occur in the 1984 debris-avalan che scar, as discussed in Section 2 of this report. 7 SNOW-AVALANCHE RISK Any building within avalanche areas will tend to increase the overall risk to people because of the increased exposure time of people in the area resulting from the development. The overall risk from snow avalanches to people who are outside of buildings is very small, however. This is true because people generally spend a small percentage of the total time (roughly 1$) outside during the avalanche season. Because this very small risk is finite, I recommend that all users of these and other avalanche areas should understand the potential risk and heed all official warnings. Submitted by, Arthur I. Mears. P.E. Avalanche-Control Engineer -~ :f7 ~_ ... ~~ / r , ~, e<~ a ra S a ~- e •, M~---~,.~ ~.- --.._ - o _-~ - ti- ~ ~~ ~~ \, 9TH i ~~~ ~~~ . ~~ =~'" -~ ~~ . ~_~ ~rocoo~~~ 6 --~ ~- ~I r j,~~(~~ , ` ~,• •:,4 `t~` "= a` ~ err f~~~~ } ~ `'~ r. l ~ ~ lJr~ ~~ C ~ ~ ~ ~. ~ ~ ~ ~'~ ~ 1~ i~~~ ~ r ~~ ye. i `~' '~,~•, !/,%~~s it ' / / ~~,~~~ ~,~ ,~~ 1~~~~ J ~,~. , r• - r ~.. \ I ~ ~-~ 1 r i ~ ~ ~ > ` ~B = \~~ horn `•~~ ~-- ;.;\ ~ ~ ~ ~ • .~\ ~' ~~~ `~~;; ~•,1 ~ ,~ is •' ~:• _ ~~ ~ ~1 ~\~ \ 106 '~ i/ \ \ , - 1 ~ ~\ ~ 6M ^~/~~~'-• n - '~-'III \~.\- ~- ~~,i~;\I~(1 ~~~\~\\\ \~ a~ ~~ -~ ~~ 7sbi/ .~ ~' ~~'. ~ _ ~ ~\ ! ice.. ~ ~ ~' \-( ~- - ~ ~ \ ~, ~ ~ / FIGURE 1. Location Map showing Waterfall \~~ -'~--' ~.~r \ . ~a°~; and Landslide avalanche paths wit ; .potential ('~1 _ \ ~ (( /~ - ~~~ ~ ~Wj ~ runouts during design (100-year) avalanche ` 'pia conditions. Other avalanche paths in the East ,.,+ ~~! , ~;; Vail area are not shown on this map. '-. \( r J/ ', - , ~ - - '~ ~ Map Scale: i" = 2000' ~'~ ~ u t _ ~ ~ \ .• ~\ ~.....G. °•.,'V .• .. Y~ L' ,,{mss ~ J , •; ~ a ~ ~ l ; i ~ ...w+..~., ro~ , ~ ~- ,, ~, -4 _ - \ F -.-~ ~';~ 8 ~5 \ ~^ - / ~ ~ 6 ^. ~ .. L ~~. .` ~_ - -- ~~ ~o ~ a? ; ~~ i ~~ _ \ ~ ~/ 8 00 8 399 ~ `~ ` ~\. ~ '~ •.;~~. . 1 '~ ti. ~ ~~ \ 4, ~ \` 4 '~', 9 :, ~ .~ ~ i, ' 4 ~. ', ` •.~~\ ~ ~ ~` . ~ ~~ ` S ~~ ~ 1~~ ~~ ,~ ~~ ~ \ •~ i \ ` ~~~\ A,r 1 ~ `, L~ 8 ~ ~ BIG~{ORN ~, ~. ~~ ~ J .~ ~ 6 ~.~1 ~, ~J ~86 es~ ec \. \ :. .. s s So ~S~S ~ TON . \ .~ . 2 . ~ .~~ .~ \' . ~ ' Sao \~~\~~;\,; ~~\~~ .. .. . ~ ' .... ~ , .. ~ jj \~ -~_ .L/.~~ `;,~ ~\\ .`~~\, `,_ : ' . -» ' FIGURE 2. Design ("100-year") avalanche C\~~'~~~~~~ ~,•~ ~ ~~ s- boundaries in the "Waterfall" sand _ ~\~ ~~ ~ - - ' "Landslide" paths. - : , • ~ -. MaP Scale : 1 " = 200' E - _ :ti .;:. • ~ / ~o ~_._ r g 6 ~ ~ ~ P r~ 5. 'S ~ . L.- ' 6 39 3 ~ ~ ~: f ~ ~ /~~ 63) ~` `~. 1 i. ` .~ ~ 2 ~ . ' ~ 6 ~ ~ ~ .~ i ~ ~, t~ \ -~, 4 ~\. \~ '' ~, ~~~, 8 GO •.~ a t ~ ~ ~~~ ~ ~q r• D ~ . ••~ ~'•. ' •. ~ \~ .... ~ .\'• •' ~ . \~\ \ '..` . `. 30 1 \~:\`. `\~ ~~ \ ~, ` 9. \, e 4 \ ~ ~. ~ ~ •` \\ A \ ` i ~. ~~\ ~~\`. ` ' \ ~\ •~ l ~ ~ ,N a W~S ~ ~`: 1 ~ '~ ~ BIG~iOR \ •6 T ~,I s ~ :. ;..~ ~6?s s ass e S\'ss _ `' . s ~ ~ .'` TION . • ~\ ~\ S '01?s \\~ s 1 DAM .. ~ .. •~ ~ ~\~ ~~~,\~~ ,_ ~ ~ ~, • -M FIGURE 3. Design avalanche limits _ ..~ \ ~. ~~ • Area ~ • c ~~`~\~~ ~~ ~'~ ~; •~ _ : ~ • . • _ ad jus ted by catching d~ \~~.~ _ ' Pro to , _ i •- ~~.~~~••..~~ _ ` •. ~ : suitable for direct coon is *_' „~ • • • • ' . ~ also shown. •- - • . .. . ~ - ~ •. Map Scale.: 1" = ZGG :i I p O Avalanche Direction ~~~ .--~~ ~ ` o o ~ o 00~ ~p ~% O o 0 2f t O c .._ ob po ,~ p Q p0 0 Oa 000 o I ' I ~ D _p~_ ~Oo O o ~ ~ OoOo 0 ~ O O p o 0 Ground Surface ~2~ ~ FIGURE 4. Dimensions. of dam cross section. Dam crest position is shown on Figure 3. Construction dimensions should be correct to Within ± lOf. This catching dam provides protection from the "Landslide" avalanche, as discussed in the text. ARTHUR LMEARS, P.E., 1NC. Natural Hazards Car>.sultants 222 Fia Gothic Aye. Cwmaiaon, Colorado 81230 303 -641.3236 November 20, 1989 Mr. Tim Boyle Boyle Engineering, Inc. 143 E. Meadow Dr., Suite 390 Vail, CO 81657 RE: Hazard Mitigation plan, Lots 4 & 5, Lupine Drive. Dear Tim: As you requested, I reviewed the hazard-mitigation plan for lots 4 & 5 dated 11-15-89. The following comments result from my review of the plan. 1. Snow and debris avalanches from the "Landslide" avalanche path will be stopped by the earth dams as shown on the plan. These dams will also stop .falling rock. 2. Direct protection of buildings on the northwest side of Lot 5 will be required for avalanche and debris-flow protection. This has been indicated on the plan (November 15, 1989) you sent me for review. 3. Direct protection can also be used to protect against avalanches originating in the "Landslide" path and affecting Lot 4 and part of Lot 5. However, the direct-protection design used for avalanche protection may not eliminate the risk or possible structural damage from rockfall at this location. Additional details about rockfall energy and specific structural design will be necessary to determine the suitability of structures for the rockfall protection. - The proposed building areas are in "moderate" avalanche-hazard zones. Furthermore, the .mitigation proposed on the plan will not increase the hazard from avalanches, debris flows, or rockfall on any adjacent or downslope properties or other private or public facilities. Please contact me if you have any further questions. Sin erely, _ y1i~l~a~ Arthur I. Mars P .E Avalanche-Control engineer Ma:, Wmit,yr • Ataolonehes • Aaobnche Conr,o/Enginer,;na Nicholas Lampiris, Ph:D. CONSULTING GEOLOGIST 0793 VALLEY ROAD CARBONDALE. COLORADO 81623 (303) 9633600 (2d HOURS) November c0, 1989 Tim Boyl e 14L East Meadow Drive. Suite N ii,' Crossroads Shoppi.^.g Center Vail, CO. 6167 F:E: Lots 4 °-~ 5, Bighorn Dear- Mr-. Boyle: I h2ve reviewed the ~rawi ngs of the pr-epc•_ed mitigation for the .ab~•.-e ref ere..^,ced property with regard to t!-;e new 1 of line= ~-:r.d the a>:i=.tinq rock:fall and deb:-is floal hacards. As in o+_tr previc~~:s communications, the type of mitigation needs to be in the form cf deflection structures or direct mitigati~~n by home design to minimise the danger to proposed hones from avalanche, as well as rocFcfall and debris flo-•~ hazards. The drat.Jings which you have presented have adequately addressed the concerns with the design of two earth berms with sufficient height, mass ar.d orientation to protect the eastern three proposed lots. The wester-nmost one .can only be mitigated thro:.~gh the use of direct protection incorporated into the structure of the dwelling. It is my understanding that Mr-. Art Mears has provided you with the necessary guidelines to protect against avalanche. These should suffice for the protection of the other two hazards as well. The rest_tlt will be that the eastern three lots will now be placed in the Moderate Hazard Zones, but the fourth .site will remain in the High Hazard Zone. If you have further questions please contact me. Sincerely, .i~~~~ Z%c./3~ h Nicholas Lampiris Consulting Geologist ° ~ r'~i~~ boyfQ QnginQQring, inc. Fzbruer~ ~. i99~ ~~?ichaei C;. Fern 2r: Architect r.•7. mac:-: 1351 Val 1 , Col;:r3do sit~8 SuC,,;ect : ~+aZArd f91t igat ion Lots 4 & 5. Lupine 'rive C'~•~.r !'11~ e~ Mo uac~4 T^I. 1et'.er 15 tC reCCr,t.^^'! OJr r!'Ce^. CG^`..'"5ii 2G'n .r°OdrCing CvSL C`J'!^.•arI__. _ f0~' ~,d~ard f71tI~5.iU„ CT the StrUCtU•''e5 p.'CrC~°~ fCr the ?L)CYe rOt2C prcperi: . As cu ~ncw ~.~e ha~•e gi•:pn :c-hs2deraGie thought t^, de312r.a with t!^e deLriS an•~ aV2i2'~Che flows t7?rGlli~h tF~e CC"'I~trUCt 10^ Cf d^, e.~.~L'1 .~.d^~ d21'i:'1d L!'1°_ ~Lt:101! _- fCr m05t Of the wldt•r~~Cf Lrie eraoert~'. We h;'.t~e re°rr^lner, tFdt the ~C°: Cf 5~=r, 3r. un~~r.3Y1ny w0i:li7 Oc rD~:,7~ii. ~41~.~C'~kJl' tC ~~r.L'~~. rhiC trdn=_1:ate5 LG +:4J;~~; tc ~i?,GG~ cer dwelltng. IL ~'1'3? been M`y er~erlence That ';~ireCL Gr^.te^'2C~^ I.'S::CfPCratPd 2'1 the ::rUCtu~'2: Design of the d~:eliings :ar,_acid 15~ to t'hP r.~~+. StruCurai cc'st cf the b'_:iidlr.•s. If we 8s.ufie 3b~3i<+ squere feet huildines w:t^ a cost of wd5'sauare fco: for ir,: fou:+:~ati.n and s~,sil, th15 .5. .~ ro!:~ghi; ~34.~:~~~. Ff w~ c*~and *.±'•i~ :c r.~•:e- f_•ur .;w@.iIrGS on the Property, the tni31 CC~f GT "":tlQdtlGn thr.Uy'~ `~lr°;: prOtet.tl.... 25 ITi ?ham ne:ghoorh0~•l7 Vf `~~J•L~,'.~J'~'.'GA tv :Livv,~~G~G:'. f~= ,•cu CB.~~ see, Mit:u3Iv' , through dir:ct prtec..~.. ~.llil ae neBr-iy ,.:toe 9=_ ea:nens.ve as tt;e ec+.rfh der 8ppr03Ch. ~f~e ch •:^us ac!rant_°.7P tc th2~c a.~rca: would be less d2sruQtion '*.o the mite and forest. Please g2ve me a r_aii if you have any questlcns re,ardinu thi= !~ette^. 5ir!cerely fours, EO`r'LE uGi;dEE '~~_. iPdC. T2r•cth,- Kyle F.E. President 143 e meadow d~. suite 390 ~ crossroads shopc~ng cer'e~ • vC' coiorado 8~~57. 303/47~2t 70 RESTRICTIVE COVENANTS AFFECTING LOTS 4 AND 5, BLOCK 2 BIGHORN SUBDIVISION, 1ST ADDITION THIS DECLARATION of restrictive covenants is made this day of , 1990, by SABLE/LUPINE PARTNERS, LTD. ("the Declarant"). WHEREAS, the Declarant is the owner of Lots 4 and 5, Block 2, Bighorn Subdivision, 1st Addition, County of Eagle, State of Colorado ("the Property") and wishes to subject the property to certain restrictions and covenants for the benefit of the Property, each owner of the Property, and the Town of Vail. NOW, THEREFORE, Declarant hereby subjects the Property to the following restrictions and conditions: 1. The buildable portion of the Property is located in a Town of Vail blue avalanche hazard area as defined in Chapter 18.69 of the Municipal Code of the Town of Vail, which further provides that structures may be built in blue avalanche hazard areas provided that proper mitigating measures have been taken. The primary method of mitigation of the natural hazards on the Property shall be through direct mitigation of the structure, and the use of berms as a sole or primary method of mitigation shall be prohibited. Berms, retaining walls, or other mitigation devices less than six (6) feet in height may be used in conjunction with such direct mitigation. 2. The total allowable area of gross residential floor area (GRFA) as defined in Section 18.04.130 of the Municipal Code of the Town of Vail allowable for the subdivision, shall be as follows: A. Lot 1 shall be permitted three thousand three hundred (3,300) square feet. B. Lot 2 shall be permitted three thousand three hundred (3,300) square feet. C. Lot 3 shall be permitted three thousand three hundred (3,300) square feet. D. Lot 4 shall be permitted three thousand three .hundred ninety-five (3,395) square feet. E. The total GRFA permitted shall be thirteen thousand two hundred ninety-five (13,295) square feet. 3. The provision contained in this Declaration shall bind and inure to the benefit of and be enforceable by the Declarant, the Town of Vail, Colorado, or the owner or owners of any lot located within the Property, or their legal representatives, heirs, successors, and assigns. Failure by the Declarant, the Town of Uail, or by any other Property owner, or their legal representatives, heirs, successors, or assigns, to enforce any of such conditions, shall in no event be deemed a waiver of the right to do so thereafter. 4. These covenants and restrictions shall run with the land and be binding upon all parties and all persons claiming under them these conditions, restrictions, and covenants may be changed, modified, amended, or appealed only by the written consent of the owners of more than seventy-five percent (75%) of the privately owned real property within the boundaries of the subdivision and the written consent of the Town of Vail, Colorado. SABLE/LUPINE PARTNERS, LTD. By: Martin Abel, General Partner -2- 5' 1 ACKNOWLEDGMENT STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing Declaration of Sable/Lupine Partners, Ltd. is hereby acknowledged by Martin Abel, a General Partner of Sable/Lupine. Partners, Ltd., before me this day of 1990. Witnessed by hand and official seal. My commission expires: Notary Public Address -3- ORDINANCE NO. 8 Series of 1990 AN ORDINANCE RE-ZONING A PARCEL OF PROPERTY LEGALLY DESCRIBED AS LOTS 4 AND 5, BLOCK 2, BIGHORN 1ST ADDITION, AND AMENDING THE OFFICIAL ZONING MAP IN RELATION TO THE RE-ZONING OF SAID PROPERTY. WHEREAS, the property to be re-zoned is located within the municipal limits of the Town of Vail; and WHEREAS, there is an application from the property owner of Lots 4 and 5, Block 2, Bighorn 1st Addition, for re-zoning said parcel; and WHEREAS, the Planning and Environmental Commission has considered the appropriate re-zoning for the property and has unanimously recommended that the Town Council re-zone the parcel from Two Family Residential to Single Family Residential; and WHEREAS, the Town Council considers it in the public interest to re-zone said property. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. The Town Council finds that the procedures for the provision of re-zoning property in the Town of Vail have been fulfilled, and the Town Council hereby received the report of recommendation of the Planning and Environmental Commission recommending the re- zoning of said property. Section 2. Pursuant to Sections 18.66.100 - 18.66.180 of the Vail Municipal Code, a parcel of property described as Lots 4 and 5, Block 2, Bighorn 1st Addition, Town of Vail, Eagle County, Colorado is zoned as Two Family Residential. Section 3. As provided in the ordinances of the Town of Vail, the zoning administrator is hereby directed to modify and amend the official zoning map to include the zoning specified in Section 2 above. Section 4. If any part, section, subsection, sentence, clause or phrase of the ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and. welfare of the Town of Vail and the inhabitants thereof. Section 6. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and re-enacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS of 1990, and a public hearing shall be held on this ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk , INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of ,1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk IOWA OTV81 75 south frontage road vafi, Colorado 81657 (303) 479-2107 office of town attorney February 15, 1990 Mr. Bill Wood District Ranger Holy Cross Ranger District U.S. Forest Service P. 0. Box 190 Minturn, Colorado 81645 RE: Purchase of Parcel H and Golf Course Maintenance Parcel by Town of Vai 1 Dear Bill: it is the Town Council's understanding that the parcel of land known as the Spraddle Creek parcel and the parcel of land known as the Golf Course Maintenance parcel are avail able for sale to the Town of Vail by the Forest Service. The Town Council has, therefore, requested that we formally express our intention to purchase the Spraddle Creek parcel in accordance with the Townsite Act, and the Golf Course Maintenance parcel in accordance with the Sisk Act, upon the condition that the appraisals for both parcels establish a purchase price which is acceptable to the Town of Vail. if you have any questions regarding this matter, please do not hesitate to call me. Uery truly yours, Lawrence A. Eskwith Town Attorney LAE/bsc town o 75 south frontage road vail, Colorado 81657 (303) 479-2105 office of town manager February 15, 1990 Mr. Bill Wood District Ranger Holy Cross Ranger District U.S. Forest Service P. 0. Box 190 Minturn, Colorado 81645 Dear Bill: Larry Eskwith and I appreciated the opportunity of being able to meet with Paul Zimmerman, Mike Spencer, Rick Jewell, Bob Lawton, and you on February 8, 1990 to discuss a number of issues relating to the Town of Vail's desire to purchase certain approved Forest Service parcels. The purpose of this letter is to confirm in writing our understanding of the issues discussed and indicate our desire to work constructively on the purchase process for the Forest Service Spraddle Creek parcel and the. Golf Course Maintenance parcel. 1. We understand that the Gore Creek parcel (Parcel H) is approved for Town of Uail purchase under the Townsite Act, but we are supportive of your idea that that parcel be developed for recreational purposes as a joint project between the Forest Service and the Town of Vail. I believe the Vail Town Council will be supportive of participating with you in that project if we can receive a guarantee from the Forest Service in our participating agreement (yet to be drafted) that the Forest Service will drop ail consideration for disposal of that parcel in the future. 2. We are formally. requesting that Dave Damson, the Forest Service Regional Office Review Appraiser, provide us with a list of appraisers who have done appraisal work in the past on Forest Service parcels considered for disposal. Our intent is to proceed with the appraisal process as soon as possible on both the Spraddle Creek and .Golf Course Maintenance parcels. 3. As I mentioned, it is the intent of the Town of Vail to be working constructively. on the appraisal and purchase process of these Mr. Bill Wood February 15, 1990 Page 2 two parcels. A letter of intent to purchase both parcels will be coming to you from the Town of Vail under separate cover. Please let us know if anything else is necessary to guarantee our acquisition of the land. 4. As you recall, we discussed the possibility of the money the Town pays for the Spraddle Creek parcel staying in the Holy Cross Ranger District for developmental. purposes which would benefit both the District and the Town of Vail. Our idea is that the money spent to purchase the Spraddle Creek parcel could offset most, if not all, of the development costs for the Gore Creek parcel and perhaps even be used to enhance the recreation development of the Dowd Junction Rest Area and recreation site adjacent to your proposed new offices. It is our understanding from the meeting that type of proposal requires Congressional action for approval. We will be proceeding to contact our Congressional delegation to request special legislation to allow that cooperative partnership to occur. It is also my understanding from our discussion that the Golf Course Maintenance parcel would be purchased under the Sisk Act and under that Act, the purchase amount will remain in the White River National Forest for purchasing other private land for public purposes. It is my further understanding that the Golf Course Maintenance parcel under the Sisk Act will be appraised for its present use and not for some projected higher economic use that would make it more expensive. Enclosed with this letter are copies of the Vail Land Use Plan and the Vail Village Master Plan for your records. These may be .helpful to you and the Forest Supervisor's Office in approaching the planning process for the Land Ownership Adjustment Analysis and amendment process to the White River National Forest Plan. The Town of Vail will be very interested in working with you in that process because of the Town's interest in seeing that no further Forest Service land surrounding the Town of Vail is sold into private hands for private development. Thank you again for the information, and we look forward to working with you 9ver the next few months in accomplishing all those issues outlined above. Since el , Rondall V. Phillips Town Manager RVP/bsc Enclosures cc: Vail Town Council Larry Eskwith Vail Metropolitan Recreation District Board of Directors e ~L~`~~'~~:~li ~ `~ '~~~J'~`~}~ .„fir tranrportotion ¢ngin¢err January 23, 1994 Mr. Stan Berryman Director Puhli:; Worl~s 75 South Frontage Road Vail, Colorado 81657 RE: Proposal of Services in Support of an Application by the Town of Vail to the Urban Mass ?ransportation Admi.nistrati~n for a Technical Support Grant Dear Stan: In accordance v~=ith out telephone conversation yesterday, the following proposal is made to provide you with limited assistance regarding an UMTA Technical Support Grant for People Mover planning. I am proposing that I personally proviso the sernces, which will include one 2-day working visit to Vail. I. suggest that a simple purchase order from the Tai;Tm will be sufficient. Proposed are the following services: 1. Capital and OEM Cost Update Update the. capital estimates of Exhibit 7-4 and 7-$ and the O&M cost estimate of Exhibit 7-5 which were included in the p'ebruary lb, 1987 report on the feasibility of a People Mover System to replace the In-Town Shuttle Bus Route. This update will adhere to the same format as provided in the exhibits but will apply unit prices derived from recent bids by suppliers of the small size monorails ar_d adjustments for inflation. (I,cvel of Effort - 2 man-days} 2. Derive UMTA Cost .ffect'veness Treasures Derive the Incremental Index of Cost-Effecti~=eness fir the Vail People Aiover which UMTA uses to determine the eligibility of projects for Technical Support Grants for Alternative Analysis(DE15. The index is defined in Part II, p. 9-18 of Procedures and Technical Methods for Transit Project Planning. This effort will involve derivation of the annualized costs and the addstional transit passengers to be carried on the People Mover over that of the In-Town Shuttle and an e5t~mate of any travel time savings by passengers. The Town will provide statistics on current ridership of the In-Town Shuttle. Ridership and travel time for the people mover will be as estimated in the feasibility study cited above. {Level of Effort - 2 man-days) Lea+Eu~ott, Inc. ld.j2~ VUaiard R~x~d, Suite 2~~, ~f,.~nt~ey, `Jir•~ini~ 21Q2' • Qom) 9c58-7833 • FAX: ~?J3) OE,B-7PRA • TLX b5p~2Fn~~7 3. pj~are eehnieal Memo The results of Tasks 1 and 2 abo~°e wi}1 be documented in a Technical Mama which can be used by the Town in its application to UMTA for Technical Assistance. (Level of Effort ~- 1 man-day) 4. Meeting with own O ficials Travel to Vail and participate with the Town Officials and its consultants to review the planning process for the People Mover and to formulate a strategy find plans for UMTA assistance. It is proposed that the Town organize two days of working meetings to address the following: a. Sufficiency of past and current planning efforts to meet the UMTA requirements. b. Identification/discussion ~f funding/financing options. c. Scope of work far an Alternative Analysis/DEIS and .Financial Plan. d. Discussion of the key issues regarding a DEiS for the People Mover. e. Development of a draft application fur an UMTA Technical Support Grant. (t.evel of Effort - 2.5 days) To accomplish the above work the following budget is proposed: C. Elms 7.5 days (60 hrs) at $140.64 $8,438.00 Travel & Other Direct Cost 1.00 ' $9,938.00 Stan, after you have reviewed this proposal, please give me a call. I would like to discuss a schedule and set a date fir the meeting in Vail. I propose that we can accomplish the work iu February. I am prepared to start work as soon as you can provide me with a purc>Sase order. I took forward to hearing from you. Sincerely, L + LLIOTT, ING. ~~~ Charles P. Elms Senior Principal CPE:ka .; RESOLUTION N0. 5 Series of 1990 A RESOLUTION IN SUPPORT OF THE EAGLE COUNTY MILL LEVY ELECTION FOR RECREATIONAL FACILITIES. WHEREAS, there is a demand throughout the county for an increase in the availability of recreational facilities and affordable housing; and WHEREAS, the Recreation Task Force has recommended that the County purchase land and construct certain recreation facilities in the Edwards area; and WHEREAS, the Recreation Task Force has recommended that the County construct certain recreational facilities in the Eagle area and Basalt/E1 Jebel; and WHEREAS, the Recreation Task Force has recommended that up to ten acres of land at the Edwards site be dedicated for affordable housing, said housing to be constructed by private developers or a public agency for the purpose of the development of affordable housing; and WHEREAS, the Board of County Commissioners has determined that an election to levy additional taxes in the amount not yet determined will be necessary to finance the purchase and operation of such facilities. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town of Vail expresses it support for the April 10,.1990 election to levy additional taxes. 2. The Town of Vail urges the citizens of the Town and the citizens of Eagle County to vote YES on the ballot question. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk RESOLUTION N0. 6 Series of 1990 A RESOLUTION PROVIDING FOR CERTAIN TYPES OF TOWN EXPENDITURES AND CONTRIBUTIONS IN-KIND IN REGARD TO THE EAGLE COUNTY MILL LEVY ELECTION FOR RECREATIONAL FACILITIES. WHEREAS, there is a demand throughout the county for an increase in the availability of recreational facilities and affordable housing; and WHEREAS, the Recreation Task Force has recommended that Eagle County purchase land and construct certain recreation facilities in the Edwards area;. and WHEREAS, the Recreation Task Force has recommended that the County construct certain recreation facilities in the Eagle area and Basalt/E1 Jebel area; and WHEREAS, the Recreation Task Force has recommended that up to ten acres of land at the Edwards site be dedicated for affordable housing, said housing to be constructed by private developers or a public agency with the purpose of the development of affordable housing; and WHEREAS, the Board of County Commissioners has determined that an election to levy additional taxes in an undetermined amount will be necessary to finance the purchase and operation of such facilities, and has scheduled such an election for April 10, 1990. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. All departments, officials, and employees of the Town of Vail are hereby authorized to expend monies and to make contributions in-kind as said expenditures are budgeted and approved by the appropriate official, in order. to dispense. fair and balanced information on the issue of the increase in tax levy and the purposes therefor. 2. Any individual member of the Town Council or its department heads or employees as specifically directed by the Town Council, may expend not more than fifty dollars ($50) of public monies in the form of letters, telephone calls, or other activities incidental to making a Town Councilman available to the press or the public for the purpose of responding to question about any issues relating to the increase in tax levy and the purposes therefor, or to express an opinion on any such issue. INTRODUCED, READ, APPROVED AND ADOPTED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk VAIL METROPOLITAN RECREATION DISTRICT REVISED FINANCIAL REPORT FOR MONTH ENDING DECEMBER 31, 1989 REVENUES AND EXPENDITURES BUDGET-ACTUAL...............PAGE 1 - 2 12/31/89 SCHEDULE OF GENERAL RECREATION REVENUE & EXPENSES.....PAGE 3 SCHEDULE OF ICE RINK REVENUES & EXPENSES FOR PROGRAMS & ICE RENTALS .......................PAGE 4 SCHEDULE OF ICE RINR REVENUES & EXPENSES FOR SPECIAL EVENTS ...............................PAGE 5 CASH SU~'II~IARY ..........................................PAGE 6 '" PG 1 Vail Metro politan Recrea tion Distric t Revenues and Expenditures Budget-Actual Month Ending December 31, 1989 FAVORABLE CUR PER CUR PER CUM YTD CUM YTD X of 1989 1989 (UNFAVOR) DEC 88 DEC 89 DEC 88 DEC 89 BUDGET BUDGET BUDGET VAR Golf Revenues Golf passes 0 0 117,808 107,205 74.0 135,750 (28,545) Green fees 5,000 1,280 585,781 672,665 101.4 663,400 9,265 Cart rentals 51 341 158,194 165,207 102.6 161,000 4,207 Clubhouse lease 2,750 0 36,000 33,000 100.0 33,000 0 Net. Range 0 3,000 9,000 12,000 100.0 12,000 0 a Total Revenue 7,801 4,621 906,783 990,077 98.5 1,005,150 (15,073) Golf Expenses 3 Golf Course Maintenance 14,886 12,994 277,753 293,138 99.9 293,559 421 Equipment Maintenance 950 456 42,221 49,950 114.3 43,700 (6,.250) Clubhouse Operations 9,841 5,153 193,017 197,465 106.3 185,846 (11,619) Starter House 0 664 0 2,058 102.1 2,015 (43) Carts 0 0 871 420 38.2 1,100 680 Total Expenses 25,677 19,267 513,862 543,031 103.2 526,220 (16,811) Golf Revenue Over (Under) (17,876) (14,646) 392,921 447,046 93.3 478,930 (31,884) Expenses ____________ __________________________________________________________________ Tennis Revenue 0 0 30,437 33,819 109.8 30,800 3,019 Tennis Expenses 258 410 80,908 83,137 98.6 84,296 1,159 Tennis Revenue Over (Under) Expenses (258) (410) (50,471) (49,318) 92.2 (53,496) 4,178 Ice Arena Revenues 134,956 86,921 418,462 459,165 99.1 463,130 (3,965) Ice Arena Expenses 122,518 102,390 641,884 577,148 101.3 569,534 (7,614) Ice Arena Revenue Over (Under) Expenses 12,438 (15,469) (223,422) :(117,983) 110.9 (106,404) (11,579) Gen Rec Revenues 11,580 14,108 282,076 258,166 101.8 253,560 4,606 Gen Rec Expenses 35,391 35,479 396,272 516,816 104.3 495,578 (21,238) General Rec Revenue Over (Under) Expenses (23,811) (21,371) (114,196) (258,650) 106.9 (242,018) (16,632) 4 VMRD Administration Aquatic Center Total Operating Revenue Over (Under) Expenses Non Operating Revenues Interest Income Town of Vail Contract Other TOY Payments Property taxes & specific Lottery proceeds Misc Revenue Non Operating Expenses Debt Service Net Non Operating Revenue Capital Projects PG 2 CUR PER CUR PER CUM TTD CUM TTD X of 1989 1989 FAV(UNFAV) DEC 88 DEC 89 DEC 88 DEC 89 BUDGET BUDGET BUDGET YAR 30,146 32,082 379,866 371,507 97.2 382,130 10,623 6,557 35,418 97.0 36,500 1,082 (59,653) <90,535) (375,034) (385,830) 142.9 (341,618) (44,212) 758 1,649 13,379 35,087 626.6 5,600 29,487 0 41,957 0 538,068 102.0 527,433 10,635 0 11,883 0 11,883 100,0 11,883 0 15,860 22,660 423,356 432,917 100.2 432,000 917 0 2,488 8,900 7,505 90.7 8,270 (765) 127,761 602 130,952 6,851 42.8 16,000 (9,149) 144,379 81,239 576,587 1,032,311 103.1 1,001,186 31,125 0 360 383,479 517,773 100.0 517,874 101 144,379 80,879 193,108 514,538 106.5 483,312 31,226 Loan Proceeds•temis constr 0 -0 250,000 E250,000) Capital Outlay Golf Course Improvements 227 3,665 149,787 8,316 69.3 12,000 3,684 Temis Courts 83,441 213,824 46.3 461,8$3 248,059 Running Track 0 2,800 93.3 3,000 200 Golf Carts•Cap Res Accrual 2,000 35,000 100.0 35,000 0 Dobson•Zamb/Ref rig Cap Res 742 28,400 100.0 28,3% (4) Net Capital Outlay 227 89,848 149,787 288,340 99.3 290.,279 1,939 Total Reverwe Over (Under) 7 Expenses 84,499 (99,504) (331,713) (159,632) 107.4 (148,585) (11,04 Begi ming Fund Balance 1/1/89 239,734 239,734 Ending fund Balance 12/31/89 80,102 Budgeted Fund Balance 12/31/89 91,149 Schedule of 1489 General Rec Reverxres 8 Expenses PG 3 Month Ending December 31, 1989 -•----•-• REVENUES •-------- --------- EXPENSES -• •-•••-- ACTUAL PERCENT ACTUAL PERCENT NET REV BUDGET Cum YTD YTD BUDGET Cum YTD YTD OR <LOSS> GEN REC PROGRAMS VOLLEYBALL TOURN 511,400 512,842 112.6 54,600 59,620 209.1 53,222 SOFTBALL LEAGUES 523,900 525,931 108.5 525,255 525,353 100.4 5578 SOFTBALL TOURNAMENT 518,100 517,428 %.3 57,820 (9,427 120.5 58,001 SOFTBALL FIELD RENTALS 51,400 51,605 0.0 SO EO 51,605 SOCCER LEAGUES 54,300 54,144 96.4 52,870 (4,161 145.0 (517) SOCCER CAMP (63,700 fb8,311 107.2 .557,900 562,927 108.7 55,384 LACROSSE CAMP 54,200 54,169 99.3 58,950 52,227 24.9 51,942 FOOTBALL CAMP 54,000 5880 22.0 54,030 5800 19.9 580 BASKETBALL CAMP 51,200 5636 53.0 5800 5603 75.4 533 VOLLEYBALL CAMP 52,000 EO 0.0 51,650 EO 0.0 50 SPECIAL PROGRAMS 512,000 510,590 88.3 513,700 519,066 139.2 (58,476) GEN REC RACES 54,500 57,941 83.6 S7,250 510,293 142.0 (52,352) 5155,700 5154,477 99.2 5134,825 5144,477 107.2 510,000 RED SANDSTONE PROGRAMS WEIGHTROOM 51,000 5456 45.6 5150 50 0.0 5456 AEROBICS 53,200 542 1.3 52,600 5316 12.2 (5274) SOCCER 5700 5800 114.3 5100 5125 125.0 5675 .BASKETBALL 56,000 53,086 51.4 52,400 52,471 103.0 5615 VOLLEYBALL 52,800 52,454 87.6 5900 51,090 121.1 51,364 AFTER SCHOOL (8,000 58,528 106.6 52,400 53,271 136.3 55,257 GYMNASTICS 512,500 612,578 100.6 616,500 514,615 88.6 (52,037) GYMNASTICS CAMP 516,260 511,811 72.6 510,800 510,530 97.5 51,281 OVERHEAD EO SO 510,995 59,825 89.4 (59,825) 550,460 539,755 78.8 546,845 542,243 90.2 (52,488) 6 POTPOURRI CAMP (28,000 533,945 121.2 528,200 529,513 104.7 54,432 OUTDOOR ICE RINK 50 52,133 50 515,684 (513,551) NATURE CENTER SUMMER 56,000 56,997 116.6 (49,258 545,531 92.4 (538,534) MINTER (5,000 56,956 139.1 57,085 53,056 43.1 53,900 511,000 513,953 126.8 556,343 (48,587 86.2 (534,634) GEN REC OVERHEAD/MISC 592,859 594,384 101.6 (594,384) 5245,160 5244,263 99.6 5359,072 5374,888 104.4 (5130,625) YOUTH. CENTER 58,400 f13,903 165.5 5136,506 5141,928 104.0 (5128,025) 5253,560 .5258,166 101.8 5495,578 !516,816 104.3 (5258,650) s Schedule of 1989 Ice Rink Reverwes 8 Expenses Programs and Ice Rentals Month Ending December 31, 1989 ----•---- REVENUES ---••--•- ----- DIRECT EXPENSES -•-•-- ACTUAL PERCENT ACTUAL. PERCENT NE7 REV BUDGET Cum YTD YTD BUDGET Cum YTD YTD OR <LOSS> PUBLIC SKATING PASSES 55,000 57,238 144.8 GUEST FEES 550,000 !37,497 75.0 SKATE RENTAL S15,000 S?4,242 94.9 570,000 558,977 84.3 558,977 FIGURE SKATING SCHOOL 533,600 534,356 102.3 53,000 S2,238 74.6 532,118 SKATING CLASSES 56,000 56,524 108.7 52,500 55,071 202.8 E1,453 JR HOCKEY t?5,000 524,923 166.2 5750 5224 29.9 524,699 LADIES HOCKEY 51,500 56,015 .401.0 S75 0.0 56,015 HENS HOCKEY 53,500 511,491 328.3 5175 0.0 511,491 DROP IN SUMMER HOCKEY 52,000 5514 25.7 5100 0.0 5514 CURLING 54,000 SO 0.0 SO BROOMBALL 51,600 SO 0.0 SO SKATING CLUB OF VAIL 512,750 E11,528 90.4 511,528 SUMMER HOCKEY SCHOOL 525,000 E24,613 98.5 E16,000 515,176 94.9 E9,437 VAIL EXPRESS 54,600 53,825 83.2 53,825 EAGLE CWNTY SCHOOL 52,500 SO 0.0 SO CONCESS 8 VENDING S74,500 564,386 86.4 540,860 544,425 108.7 519,961 SKATE SHARPENING 53,000 51,989 66.3 (1,989 LOCKER REVENUE 51,500 52,589 172.6 (2,589 RINK RENTAL 50 54,128 54.128 HOUSE SERVICES f0 53,655 53,655 UNSCHED SPEC EVENTS 50 54,256 5261,050 5263,769 101.0 563,460 (67,134 105.8 5196,635 SPECIAL EVENTS (See Page 5.) 5188,580 5181,060 %.0 5134,000 5127,061 94.8 553,999 5449,630 5444,829 98.9 5197,460 5194,195 98.3 5250,634 DOBSON OVERHEAD/MISC 513,500 514,336 106.2 5372,074 5382,953 102.9 (5368,61.7) (463,130 5459,165 99.1 5569,534 5577,148 101.3 (5117,983) PG 4 Schedule of 1989 Specie L Event PG 5 Reverx~es and Expenses Month Ending December 31, 1989 -----•-- REVENUES -------•- ••--• DIRECT EXPENSES ---••• ACTUAL PERCENT ACTUAL PERCENT NET REV EVENT DATES BUDGET Cum YTD YTD BUDGET Cum YTO YTD OR <LOSS> WINTER CARNIVAL 1/6.8 54,000 SO 0.0 5500 SO 0.0 50 VAIL ROCKS 1/14 52,500 52,526 101.0 52,526 WC KICK OFF 1/19 5850 5898 105.6 5898 WC JOHN DENVER 1/29 5850 51,368 160.9 5660 5708 WC AMER GRAF 1/31 5850 5938 110.4 5938 WC CONCERT 2/4 5850 51,053 123.9 5660 5393 ORSER 2/6-8 535,500 531,550 88.4 529,800 531,750 106.5 (5200) WC BARB 2/9 5850 E1,673 196.8 51,673 LITTLE WOMEN 2/11 52,500 54,000 160.0 54,000 WC BEACH BOYS 2/12 5850 51,088 128.0 51,088 SKI CLASSIC 3/3 5850 SO 0.0 SO SHOWTIME 3/4 52,500 22,684 107.4 5878 51,806 McNEII 3/16 52,500 52,500 100.0 5226 52,274 JIMMY HUGA 4/7 51,200 54,814 401.2 54,814 VOLLEYBALL 4/8.9 E2,000 51,986 99.3 51,986 NO CHECK TOURN 4/14-16 51,500 52,662 177.5 5418 52,244 SYMPH OF SPORTS 4/17-22 515,000 514,052 93.7 E50,725 534,359 67.7 (520,307) GRADUATION 5/20 SO 50 50 SC DANCE 6/9-10 51,500 52,241 149.4 5124 52,117 SKI SWAP 6/16-17 f1,650 50 0.0 50 HOitSE SHOW 7/1-2 .55,000 52,907 58.1 5784 52,123 MARION LABS 7/11 52,500 52,500 100.0 5153 52,347 FIGURE SKATE COMP 7/13-16 52,500 53,780 151.2 E17 53,763 EXHIBIT OF CHAMP 7/17 51,380 5240 17.4 5175 522 12.6 5218 LIMITED STORE 7/28.29 SO SO 50 JERRY FORD 7/31.8/1 51,000 SO 0.0 SO MICHAELS TRADE SHOW 7/31-8/3 55,500 58,888 161.6 52,067 (6,821 MICHAELS ICE GALA 8/5 52,000 53,782 189.1 53,782 ICE DANCING 9/8-10 50 (3,790 595 53,695 COLD CURLING 10/6-8 51,200 51,200 100.0 S59 51,141 SKI SWAP 10/27-29 50 53,600 115 53,585 WORLD WIDE 10/13.21 59,200 58,777 95.4 5320 58,457 VJH TOURNAMENT 10/28.29 SO f0 50 KRAFT WEST 11/10-12 59,000 55,000 .55.6 5100 54,900 NUTCRACKER 12/16.19 57,000 f0 0.0 5317 (5317) CHRISTMAS SHOW 12/27-30 564,000 560,563 94.6 552,800• 554,037 102.3 56,526 NEW TEARS 12/31 SO 50 5188,580 5181,060 96.0 5134,000 5127,061 94.8 553,999 Vail Metropolitan Recreation District Cash Sumiary Month Ending DECEMBER 31, 1989 NOW Payroll Account Account Total Beg Balance 12/01/89 (195,151 (519,332) (175,.819 Receipts (210,059 (128,376 (338,435 Disbursements (E294,814) ((107,501) ((402,315) Ending Balance 12/31/89 (110,396 (1,543 E111,939 * NOTE: This excludes a capital reserve of (63,400. PG 6 12/31/89 REVISED FINANCIAL REPORT .FOOTNOTES 1) This report presents an updated financial picture for year- end 1989. There will undoubtedly be additional adjustments later as a result of the 1989 financial audit. 2) Green fees were adjusted as a result of the advance hotel and convention deposit reconciliation process. 3) Golf Course maintenance was .credited almost $1700 for X-C track-setting work performed and billed to Axel. 4) Admin expenses were increased about $400 as a result of writing off 1989 bad debt. 5) The revised bottom line has been adjusted from a $14,717 to a $11,047 deficit. 6) Potpourri expenses were credited for a $642 over-payment. 7) Outdoor ice rink revenues and expenses have been recognized for month of December. 2/20/90 Council - FYI The Chamber of Commerce Board of Directors would like to invite you to a meeting to discuss the future of the Chamber. This meeting will be Friday, 2/23, 9,:30 a.m., at Manor Vail Lodge. Please let Ron or me know (today, if possible) if you will be able to attend. Thanks very much! /bsc //~~ P.S. This meeting is not being announced publicly. PINN/\CLE RESORT SYSTEMS February 10, 1990 Ms. Caroline Fisher Director of Public Relations Town of Vail 75 S. Frontage Rd. Vail, CO 81657 Dear Ms. Fisher: I would like to submit my application for the position that has recently opened on the Board of the Vail Valley Marketing Committee. I have enclosed a copy of my most recent resume for .your information and would welcome the opportunity to talk to you or the selection committee about my qualifications. I have been a resident of the Vail area for 14 years and have been active in all phases of the tourism business. Thank you for your consideration and please feel free to call me at my office at 845-9430 or at homy at Q49-1227 if you need any further information. S n erely y s Bruce Gillie Pinnacle Resort Sysytems, Ltd. Post Office Box 2992 ~ Vail, Colorado 81658 ~ Toll Free (800) 888-0737 a. BRUCE W. GII.LIE P.O. Box 2992 Vail, Colorado 81658 Home Phone: (303) 949-1227 Work Phone: (800) 888-0737 BRUCE W. GILLIE SUMMARY OF QUALIFICATIONS A diversified background in many different aspects of resort management and marketing including: * Hotel and condominium operations with special expertise in systems design, accounting, budgeting, owner relations, marketing to groups and individuals, and the implementation of programs to encourage shoulder and low season business. * Complete resort association management including the design and implementation of national and international mazketing programs, computerized central reservations, financial systems organization, and long-term planning. * Recreational real estate development with the emphasis on cost accounting and mazketing of a golf course, property management programs and contractor budgeting. * Tour operations experience that includes negotiation with airlines, ground transportation, accommodations, activity vendors and the sales .and marketing of wholesale programs to the travel industry and individuals. * Transportation,.. both air and ground, with special expertise in day-to-day operations, budgeting, accounting, local and national marketing and passenger relations. * All aspects of food and beverage operation in a major hotel hotel environment including menu planning, personnel, banquet and catering services, inventory control and quality control. * A high level of activity in community and industry affairs. WORK HISTORY AND RESPONSIBILITIES August 1987 PINNACLE RESORT SYSTEMS to Present THE HOSPITALITY NETWORK Vail, Colorado PRESIDENT AND CHIEF OPERATING OFFICER Developed the concept and secured funding for an integrated travel services and property management company. Operating in three divisions, the corporation performs resort property management for hotel and condominium complexes, markets resort properties through a computerized central reservations system and tour operation and markets computerized systems for the management of central reservation and individual property operations. Responsibilities include operational control of the three divisions including the design .and implementation of management systems, budgeting, accounting, personnel, presentation, public relations, mazketing, package design, sales and training. Current projects include centralized multi-property marketing programs, wholly owned vacation condominium exchange program, P.C. based airline reservation system direct access room reservations system and a franchised property recognition and standards network. September 1982 to May 1, 1987 October 1981 to September 1982 February 1980 to October 1981 THE TIVOLI LODGE Vail, Colorado GENERAL MANAGER Complete operational control of 58 unit mixed hotel, suite and condominium resort property. Responsibilities included accounting, marketing, front office, housekeeping, maintenance and personnel. Designed and implemented mazketing .programs that raised gross revenue from $382,000 to $813,000 per annum in four years and up to 400% during low season periods. Computerized front desk, reservations and accounting systems. Added 20 units to original inventory. Supervised remodeling of hallways, baths, common azeas, and completely refurnished all guest rooms without the use of borrowed capital. VAII, RESORT ASSOCIATION Vail, Colorado Concurrent with managing the Tivoli, served four years on the, Board of Directors, two years as Chairman, and four months as interim President during seazch for a permanent Executive Director. Direct responsibility for all aspects of performance by a publicly funded organization with a $1.2 million budget. Day-to-day operation of personnel, accounting, central reservations, group and individual mazketing and public relations for world-renowned ski resort. Oversaw major cooperative mazketing programs in 16 cities with participation of American Express, Disney and major department store and retail operators. BEAVER CREEK RESORT COMPANY (Vail Associates) Beaver Creek, Colorado MANAGER OF CENTRAL RESERVATIONS AND SPECIAL PROJECTS Developed and implemented manual reservations systems for newly established ski resort. Investigated systems for resort wide guest charging. Performed financial analysis and cash flows of hotel operations and golf complex. Developed package programs and marketing sales manual. AMERICAN LIMOUSINE, INC. Denver, Colorado VICE PRESIDENT AND GENERAL MANAGER Complete operational control of statewide van and luxury limousine service. Doubled gross revenues and achieved profitability in previously .almost bankrupt company. Organized first scheduled van shuttle service in Colorado to ski resorts. Replaced all vehicles with new equipment. EDUCATIONAL BACKGROUND B.A. in Journalism/Advertising, University of Kansas; Lawrence , KS. Concentrations in History and Marketing. Years attended 1969-73. Colorado Real Estate Brokers License - 1988. Included 192 hours of course work in property management, appraisel, real estate law, trusts and advanced finance. Completed 80 hours of Continental Airlines, SystemOne, Airline Reservations Training. PROFESSIONAL ACTMTIES * Vice-president and co-founder, Colorado Passenger Transportation Association - Denver, Colorado. * Chairman, Vail Lodging Committee, a representative body of SS lodging entities in Vail, Colorado, * Board member and Chairman of the Board, Vail Resort Association -Vail, Colorado. * Committee member, Vail Marketing Advisory Committee, appointed by Vail Town Council -Vail, Colorado. * Member, Hotel Sales & Mazketing Association International -Washington, D.C. and Vail Valley Chapter. * Interim President, Vail Resort Association -Vail, Colorado. * Founder and Director of annual General Managers Open, A Benefit Golf & Tennis Tournament. * Member, Kansas City Advertising and Sales Executive Club -Kansas City, Missouri. INTERESTS * Skiing, snow and water. * Scuba Diving * Landscaping * Bicycling * Travel BRUCE W. GILLIE P. O. Box 2992 Vail, Colorado 81658 Home Phone: (303) 949-1227 Work Phone: (800) 888-0737 REFERENCES Mr. Rob Levine General Manager Antlers Lodge at Vail 680 W. Lionshead Pl. Vail, Colorado 81657 (303) 476-2471 Mr. Bruce Kendall Chief Operation Officer/President The Charter at Beaver Creek P.O. Box 5310 Beaver Creek, Colorado 81620 (303) 949-6660 Ms. Mary Morgan Executive Director Beaver Creek Resort Company Beaver Creek, Colorado 81620 (303) 949-5750 Mr. Bill Besch Regional Manager Tour & Travel News CMP Publication 225 North Michigan Avenue Suite 1826 Chicago, Illinois 60601 (312) 565-2700 Mr. Frank Johnson General Manager Vail Racquet Club P.O. Box 1437 Vail, Colorado 81658 (303) 476-4840 Ms. Sylvia Blount Executive Director Vail Resort Association 241 E. Meadow Dr. Vail, Colorado 81657 (303) 476-1000 Ms. Christine Frith Director of Sales & Marketing Mountain Haus at Vail P.O. Box 1748 Vail, Colorado 81658 (303) 476-2434 Additional references available upon request. February 14, 1990 Ms. Carrie Fisher Public Relations Officer Town of Vail 75 Frontage Road Vail, Colorado 81657 Dear Ms. Fisher: This letter is a formal application to fill the vacancy on the Vail Valley Marketing Board. I am a relatively. new resident of Vail, having arrived August 26, 1989, but am a long time resident of the Colorado Mountain community, having resided in Durango since 1975. As Director of Sales and Marketing for The Lodge at Vail, I am immersed in selling "the Vail Valley". I learned years ago that I can't sell a bed in my hotel until I've created the desire in the buyer to choose our destination. In addition to 15 years of successfully selling a remote summer oriented destination, the following are highlights which would enable me to offer significant insight and contribution to the Vail Valley Marketing Board: • Seven year member, organizer and past facilitator of the Durango Area Marketing Group (DAMG) which later became the Durango Area Chamber Resort Association (DACRA). I was a member of the DACRA Marketing Advisory Committee until leaving Durango in January, 1989. • Secretary of the La Plata County Lodgers Tax Panel. I was a member of the five person panel when it was appointed in December, 1986 and resigned upon leaving Durango in January, 1989. • Campaigner and educational team member of the La Plata County Citizens for Lodgers Tax throughout 1986 and 1987. • Member of the Colorado Tourism Board Advertising Advisory Committee 1988 and 1989. 174 East Gore Creek Dri~•e Vail, Colorado 81657 303-476-5011 Telex 45-0375 Fax 303-476-7425 Ms. Carrie Fisher Town of Vail February 14, 1990 Page Two Active associate or member of Meeting Planners International and Rocky Mountain Chapter; American Society of Association Executives and Colorado Chapter; Hotel Sales and Marketing Association International and Vail Chapter; Society of Incentive Travel Executives; American Society of Travel Agents. Honorary member of American Society of Travel Writers. With 15 years of experience in the Colorado Mountain resort industry, I've developed strong ties in the convention, travel, airline, wholesale and incentive markets and advertising medium. I have a great understanding of off season marketing and a real desire to be of service to the community. I'd be honored to sit on the VVMB and would love to be a part of the team bringing the summer up to a level of success we all want and need. Please consider my enclosed resume which is up to date only through August, 1989 when I joined The Lodge at Vail. I look forward to your reply and welcome any questions you might have. Respectfully, c~z~~~ Marilyn Pierce Director of Sales and Marketing MP:sf Enclosure MARILYt•~ PIERCE t H) 3 0 3-~--8~-#•Y ~~~- 7 9 5 5 (W) 303-~~~~ ~l-7/ '~~~~1 OBJECTIVE To obtain an upper level position in sales and marketing in the resort./hotel industry. SUMMARY A Knpwledgeable, experienced and highly motivated sales and marketing director. Areas of expertise include advertising, public relations, special. promotional event organization, collateral mater- ial developrnent, leisure, ski, golf and airline sales, convention and incentive sales, tele- rnarketing, direct sales and sales training. PROFESSIONAL THE REGI STR''( HI~TEL - G i rec for of Sales and EXPERIENCE Plarketinq. 1i~89 - Present A 574 room hotel, 17 years old, which received X8.5 million renovation February to December, 1988. Management and name cr~ange occured December 22, 19x8 Create a new image, awareness, collateral materials, tour and travel department, airline pacKaging and promotions, frequent traveller and vacation travel progrart,s and consumer awareness on a local, regional and national basis. Increase conference and transient sales. Cccupancy ha=_. increased ft•om 27%:, January 31 , 1989 to 42% May 31, 1989, auith d2.'/. occupancy pro,Jected for August, i'iE.9. added 8 wholesalers including 3 UK%European companies, contracts with 3 airlines and an 18 city airline promotion. Conference business bacKlog has increased 70%. TAMARROhJ RESGRT - Director of Sales and Parketing 4r 83 - 1!89 . A 400 roam, 4 Star, 4 Giarnond, full service resort with a S0:!50 social!'canference business mix. Developed and implemented sales and marketing plans and actions, directed staff of 13, opened 2 reuional sales offices and increa~•ed occupancy in social, wholesale, and conference areas. TAMARRON RESORT - Director of Taur & Agency Sales 7f 81 - 3.- 83 Developed social and tour./wholesale markets, par- ticularly in the ski industry, created special packages, pr•ornotions and brachur•es. TAMARROPd RESORT - Conference Sales Manager 10.+78 - 6/81 Handled sates natianall;•+ in various vertical and geographic markets selling meetings, incentive, and sKi business. TAPIARRON RESORT - MarKeting Services Manager 3./77 - 8.:78 Pub lic relations and advertising liason, colla- teral materials development, and sKi industry sales. TAMARROPJ RESORT - Administrative Assistant'Tour and Travel Department 8/7b - x!77 Handled administrative duties far retail!tour~' avhalesale and ski industry sales, worked with ad- vertising agency and public relatians agency, developed collateral raterials. GYMfJASTS OF Ah1ERIC:A - Edi tar 8/73. - 7!76 Editor of speciait;r Sports maGazine which was eventually af:~as•rbed by the industry. ACCOMPLISHi'1ENTS Dean's List in college Sales Planager of the Year• - Tamar•ron Resort 1580 Creation of Tamarron's most successful .and sti]1 used social pr•ornatian - Local Appreciation Da;+s Production of the two most profitable years in the company's history X1987 and 1588) Opening and rnanaGing of t~ao productive regional offices {Dallas, T:K and Denuer, GO? Greation and management of two celebrity golf tournaments .~~_ - PROFESSIONAL Member and past facilitator of the Durango Area AFFILIATIOhJS CharnbEr Resort Association - MarKetinq Ad- visory Committee, 1981 - 89 Member and r•ecardinp secretary of the LaPlata County Lodger's lax Panel, 198 - 89 Current member of the Colorado Tourism Eaard - Ad- vertising Committee, 1988 - Present Club Leader of K to Grade 2 youth program far AWrahJA - a Chr• i st i an youth organization Current membership. in: P1P1, HSMAI, ASAE, TSAE, P CP1A , R CP1A PERSONAL Married, 1 children in college, husband - a free- lance writer, willing to relocate. Habt~ies: reading, gardening, camping, hiKing. EDUCATIOPJAL The Kinkaid School - graduated aoith honors 19b0 Trinity Uni~dere•ity - general business major 19E~Q-~1 Sam Houston Uniuere•ity - t~usiness..accounting major 1961-c~ Uniuer•sity of Houston - business accounting major 19o'~-b3 REFERENCES Available Upan Request ~_ r.e:. Februar'Y ~9, 1990 Messrs. Ron Phillips & Larry Eskwith Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Ran & Larry, Thank you for meeting with me Friday to discuss the draft legislation to privatize 1 acre of land an the outskirts t~f Vail in return far the public's acquisition of some ~,OQO acres of river bottamlands and park and wilderness inholdings. As Y indicated to you, I wanted to meet with you to explain the proposal and to wank with the Town, if there is any way to do sca, to ~na.ke the legislation acceptable to them. I am serious in my desire to do that grid am. willing to delay presenting tha proposal to Congress if you believe it might be modified to meet with the To:an's approval. T believe the facts involved in this case are s© extraordinary and unique that they will not set a precedent which would jeopardize principles of local control or the Town's desire to protect its National Forest "open space". In add~.tion, I see few, if cry, similarities between this exchange and an exchange involving larger parcels such as the 40 acre Spraddle Creek parcel to which you referred. First and foremost, my proposal would be achieved by Congressional legislation, and contains specific direction that the legislation is not to be considered a precedent far other exc:~.anges. Congressional legislation on individual sand matters is also very difficult to enact, and is generally limited to a few cases nationwide every several years involving extraordinary e,~aities or unique public benefits. I believe the approximate 2QOt~-1 acreage ratio and exceptional quality of the "offered lands" in the exchange I am proposing presents ursique public benefits which might prompt such Congressional action. To the best of my recollection, there has never been a land exchange where the acreage ratio has been so overwhelmingly in favor of the public, SeGOnd, if my proposal were to become law, a total, of 3 acres or. the outskirts of Vail wi11 have become "privatized" over the past several years - two acres after a protracted 5 year effort, and one acre by legislation. I do not believe that presents an alarming trend. 1420 "I rinity Piace • 18th i BrU~~,dway • Den~•er, t~ol~rado 8020 • 29:.-`?~,' 14x.7 Penns~I~•.in:a eve. N.~1~. + Suite 350 * ~~'ashington, D.L. 2000-~ • 202;~6~9~:_„n'=_' d ~ ~'~ ~ 650 'thatcher .~ui3ding + Puebio, Colorado 83Q03 • 30s j 543-4}" _ rte i~ ~~~ ~~.N4 February 19, 199Cf page 2 r . ~+ .~ Third, the 2 acres covered in the Lodge at Vail exchange and the one acre in my propasal represent very small tracts with extremely high "ski in-ski out" real estate values. The two parcels are also visually unobtrusive, lie in gentle terrain, are adjacent to existing development, have existing road and utility access, and do not conflict with Vail Associates' needs to run the ski area. I believe few, if any, other small National Forest parcels in V~.il meet all these criteria and, as such, would be unlikely to coa~mard the dollar values that would enable assembling a land exchange package where ratios are so favorable to the public. Fourth, in my opinion, the Tawn of Vail has done an excellent job of bringing the "open space" issue to the Forest Service's attention. ~,cccrdingly, I would doubt that they will serious;y pursue future exchanges on the outskirts of Tawn unless they meet with. the Town'a ap~sroval. Zn short, the land exchange process can be very long and complicated (as it was in the Ledge at Vail case), and, in my opinion, the Forest Service will not consume its scarce dollars and manpower in the future processing exchanges which hav:: significant local government opposition. Fnall;r, there is a tremendous difference open space-wipe between a highly visible 4C acre tract s~sch as spraddle Creek and 4he small, unoatrusi~~e ic~t my client wishes to acquire, and on which he would be limited by law to the construction of one sinq?e family residence built in acc©rdance with community design standards (i.e, Vail Design Review Berard approval) . Mere precisely, the development of the 1 acre ~arcal will have no more impact or the community than the dozens of other__s~nctle family residences which are bui7.t__in Vail each year. However, the 2,000 acres whic;~ would be acquired by the Forest ser"aice, park Service and BLM under my proposal will be extremely valuable to the public i.n terr~zs of Land conservation, increased access to recreation, and wildlife habitat pratectio~x. Thanks again for meeting with me. I would also be happy to meet with the Town Council, Mayor or other local government flfficia~.s who might be interested in the draft legislation to explain ~.t to them and tc~ discuss any modifications which might address local concerns or needs. Si erely, Andy iessner FEE 1'~ a~ 1 e:: ir5 Sample langauge - Larry Eskwith Larry, F', 41 ~} As per our conversation of earli?r today {2/19/9©}, if the follo~.~*ing type of language, or something similar, would address the Town' S open space: concerns, I would nc~t object to adding it to subsection 5(g) of the draft bill (dated 2/3.4/90) However, I would asstu~e that its addition would mean that the Town would. then not oppose the legislation...as it would da my client no good to adca it and still have their opposition, I also personally believe that this type of language should elicit the Town's active support, because it would give official Gongressioral recognition to their ongoing open space concern, and my bill is a germane forum and logical opportunity for them to request Congress tc~ do that. Add the following to subsection 5{g} of 2/I4/90 draft: "The Congress also racogniaes that White River National Forest lands provide important open space benefits to the community of Vail, Colorado, ar~d directs the Secretary cf Agriculture, a,.e:: consultation with the Town of Vail, to give specific considaratian to such benefits as part of the public interest analys~.s re?~ired pursuant to Section 206 of the Fedaral Land Policy and Management Act {as a:rended) and other land exchange authorities in evaluating any future land exchanges within ar adjacent tv the Tcrrin boundaries." ~~ fU "TBAUM2" AW 2/14/90 revision DRAFT SEC. (1) (Short Title) EXCHANGE AUTHORITY SEC. (2) Notwithstanding any other provision of law, the United States is hereby authorized and directed to .carry out the following exchange of lands within the State of Colorado. OFFERED LANDS SEC. (3)(a) The lands to be acquired by the United States through exchange. pursuant to this Act (hereinafter also referred to as "offered lands")'are as follows, and except as otherwise provided in this Act, shall be considered for acquisition in the general order and priority listed in subsections (a) and (b) of this section until the value of the offered lands acquired by the United States equals the value of the National Forest lands (hereinafter also referred to as "selected lands") to be conveyed into private ownership pursuant to section (4) of this Act, plus or minus any cash equalization payments: (1) certain lands within and adjacent to the. Spanish Peaks (2) Wilderness Study Area (as designated by Public Law 96-560) in the San Isabel National Forest, Colorado, which comprise approximately eight hundred acres, as generally depicted on a map entitled "Spanish Peaks Acquisitions"), dated February 1990, and which shall upon their acquisition by the United States be administered until Congress determines. otherwise in accordance with the provisions of subsection 105(c) of Public Law 96-560; (2) certain lands within the boundaries of the Dinosaur National Monument in Moffat County, Colorado, which comprise approximately five hundred and twenty acres, as generally depicted on a map entitled "Mantle Ranch Acquisition", dated February 1990, and which shall become a part of the Dinosaur National Monument upon their acquisition by the United States; (3) certain lands located within the boundaries of the Roosevelt National Forest and within and adjacent to the Cache La Poudre Wild and Scenic River (as designated by Public Law 99-590) in Larimer County., Colorado,-Which comprise approximately one hundred eighty acres, as .generally depicted on a map entitled "Elkhorn Creek Acquisitions", dated February 1990; (4) certain lands within the Montrose Resource Area,,. Bureau of Land Management, Colorado,. which comprise approximately four hundred and eighty acres, as generally depicted on a map entitled "Snyder Ranch - Dolores River Canyon Additions", dated February (3) 1990; (5) certain lands within the. Arapaho National Recreation Area in the Arapaho National Forest in Grand County, Colorado, which comprise approximately sixty-eight acres, as generally depicted on a map entitled "Meadow Creek Reservoir Acquisition", dated February 1990, and which shall become a part of the Arapaho National Recreation Area upon their acquisition by the United States; (6) certain lands located adjacent to the Indian Peaks Wilderness in Boulder County, Colorado, within the .boundaries of the Roosevelt National Forest which comprise approximately eighty acres, as generally depicted on a map entitled "Bunker Hill Acquisition", dated February 1990, and which upon their acquisition by the United States shall, until Congress determines otherwise, be administered so as to maintain their previously existing wilderness character and .potential for inclusion in the Indian Peaks Wilderness;. ~' (b) In the event a prior sale or disposal, disagreements over fair market value, or other matters prevent the acquisition by the United States of one or more of the offered tracts of land identified in subsection (a) of this section, the Secretary of Agriculture may negotiate with the offeror to substitute alternate tracts of offered lands not identifed in subsection (a) in order to consummate the exchange directed by this Act, or the Secretary may accept cash in lieu of offered lands not to exceed 25 per (4) centum of the fair market value of the selected lands; Provided, however, that prior to substituting such alternate tracts of offered lands, tte Secretary shall try to acquire as much of the land as possible identified and prioritized in subsection (a) of this section as can be acquired commensurate with the value of the selected land. SELECTED LANDS SEC.. (4) (a) Upon receipt of title to land and any cash equalization payments sufficient to equalize the values of the offered and selected lands to be exchanged pursuant to this Act , the Secretary shall immediately convey to the offeror approximately ene acre of land within the White River National Forest in Eagle County, .Colorado, which are depicted on a map entitled "Beartree Lot - Selected Lands", dated February, 1990, subject to the following reservations: (1) the United .States shall retain a perpetual right-of-way (as indicated on the map referenced in this subsection) along .the northern boundary of the selected land for administrative and public access as determined appropriate by the Secretary of Agriculture for activities (including the evacuation of injured skiers) necessary to the administration and operation of the adjacent ski area permit; (2) the patent issued by the Secretary of the Interior shall (5) limit future use of the selected land tc the construction of one single family residence in accordance with valid local laws, ordinances and regulations, including ;provisions pertaining to local approval of residential design. (b) In order to expedite the consummation of the exchange directed by this Act, the offeror shall arrange for and complete an appraisal of the selected land parcel by a qualified appraiser mutually acceptable to the offeror and the Secretary within 45 days of the enactment of this Act and submit the appraisal to the Secretary for approval. The appraisal shall be based on appraisal instructions limiting potential future use of the selected land to the construction of one single family residence in accordance with valid local laws, ordinances and regulations. Costs of the appraisal shall be paid by the offeror but shall be deducted from the final value of the selected land pursuant to 206 (f)(2)(B}(ii) of the Federal Land Policy and Management Act of 1976., as amended. In the event of .any disagreement between the Secretary and the offeror over the appraised value of the selected land, the disagreement shall be resolved within 90 days of the enactment of this Act by a third party mutually acceptable to the Secretary and the offeror. MISCELLANEOUS PROVISIONS SEC. (5) (a) Within 45 days of the date of enactment of this Act (6) the Secretary shall arrange with the offeror for appraisals of the offered lands identified in section 3 utilizing a qualified appraiser mutually acceptable to both parties (and in the case of appraisals involving lands for potential conveyance to the Secretray of the Interior, also acceptable to the Secretary of the Interior). Costs of the appraisals shall be paid by the offeror: Provided, That appraisal costs for any tracts not ultimately included in the exchange shall be deducted from the value of the selected land as authorized by section 206(f)(2)(B)(ii) of the Federal Land Policy and. Management Act of .1976, as amended. Every attempt shall be made to complete such appraisals and necessary reviews and approvals thereof by the Secretary within 180 days of the enactment of this Act. In the event of a disagreement between the Secretary and the offeror over the value of one of more of the offered tracts of land the disagreement shall be referred for resolution by a third party mutually acceptable to the Secretary and the offeror .if it appears the tract in question will be necessary to complete the exchange. (b) Unless an extension is mutually agreed to by the Secretary and the offeror, the exchange of lands directed by this Act shall be consummated within 270 days of the date of enactment of this Act: Provided, however, That nothing in this Act shall be construed to require the offeror or the Secretary to consummate the exchange of lands directed herein if the offeror determines that the final (~) appraised value of the selected land is unacceptable or if the Secretary concerned determines that the final appraised value of an offered tract or tracts is unacceptable: Provided further, That if such a determination is made by the Secretary .concerned, the Secretary shall promptly proceed to consideration of the next acquisition priority as listed in subsection 3 (a), or identify acceptable substitute lands pursuant to subsection 3(b), or utilize cash equalization to consummate the exchange.- (c) In order to expedite the exchange., values of lands determined by third party resolution pursuant to subsections 4(b) and 5(a) of this Act shall be binding on the Secretary and the offeror unless they mutually agree otherwise. (d) As used in this Act- (1) The term "Secretary" shall mean the .Secretary of Agriculture, unless otherwise stated. (2) The term "offeror" shall mean Mr. Micheal E. Tennbaum or his successors, heirs or assigns. (3) The term "selected lands" shall mean the National Forest lands to be acquired by the offeror pursuant to the exchange. (4) The term "offered lands" shall mean the lands to be acquired by the Secretary of Agriculture or the Secretary of the Interior pursuant to the exchange. (e) In conformance with section 206(c) of the Federal Land Policy and Management Act of 1976, as amended, any lands acquired ($) by the United States pursuant to this Act which lie within land units administered by the Secretary of the Interior shall automatically be transferred to the jurisdiction of the Secretary of the Interior upon their acquisition without any further action necessary by the Secretary of Agriculture. Such lands shall be administered in accordance with the laws, rules. and regulations generally applicable to the surrounding or adjacent Interior lands or conservation system units. (f) Any cash equalization moneys received moneys received by the Secretary pursuant to this Act shall be considered money received and deposited pursuant to the Act of December 4, 1967, as amended (Public Law 90-171, 16 U.S.C. 484a), and commonly known as the Sisk Act. (g) The exchange directed by this Act is made and expedited in recognition of the unique conservation values of the offered lands and the extremely high ratio of offered to selected acreage which greatly favors the United States, and in recognition of the risk that the offered lands may not remain available for .acquisition by the United States if an exchange is not immediately authorized and directed by Congress. In view of these unusual circumstances, the exchange shall not be considered a precedent for Congressional action on other such intrastate exchanges. ,~~~ town o jai Personal Memo from .. . Caroline J. Fisher February 19, 1990 T0: Vail Town Council FROM: Caroline RE: A New Town of Vail Column to Appear in the Vii? Trail Beginning this week, I will be writing a TOV column which will appear on a regular basis in the Vail Trail. The column, entitled "All Around Town," will alternate on a weekly basis with "Town Scoop," authored by Vail Town Council members. "All Around Town" will highlight the latest TOV projects, perspectives, and other matters which might ordinarily go into a community newsletter. If you would like to see any specific issue or project touched on in the "All Around Town" column, please let me know. Attached is the text for week 461 of the column. Thanks for you ideas, your input and your feedback. It is most appreciated. ` . ,~i~S/S //V 'T7~V ~ !/A-/~. '~Ti~i~-/~C . LIJ~'~ ~' 7'` / A Renewed Commitment to Communication as We Enter the New Decade The beginning of a new decade is a natural time for each of us to take a look at past, present and future. We pause to examine where we have been,. to evaluate where we are, and. to plan for where we hope to go in the coming years. This is a natural time for our community to enter this examination and planning process. With rapidly increasing demands for growth resulting from increasing numbers of guests and second home owners, we must set priorities and strategically plan for tomorrow, next year and the decades ahead. At the Town of Vail, we believe communication is a critical aspect of the evaluation and planning process and have renewed our commitment to the communication effort. Communication must include encompass the responsive and responsible f low of information and perspectives among community residents, business owners, elected officials, and government staff. We need to know what you are thinking, what you consider to be priorities for. our town, what you hope Vail will be tomorrow and how we should achieve this. In turn, you need to know what we are doing to accomplish your goals. As the new decade gets underway, we invite you to join us in the communication process. We urge you to participate in our 1990 community breakfasts, respond to our resident surveys, and tune in to televised council meetings on Channel 23. We extend an open invitation to all Vail residents to attend public meetings, to call or to let your views be known in writing. (We can be reached at 479-2100 or Town of Vail, 75 South Frontage Road, Vail, CO 81657). We also invite you to read this new Town of Vail column appearing in the Vail Trail. It is designed to keep you up to date on latest Town of Vail projects and perspectives. This column, "All Around Town," will appear in the Vail Trail aild will alternate on a weekly basis with "Town Scoop," which gives an opportunity to look at one Town Council member's views on matters of local interest each time it appears. It is only through unified, informed and visionary efforts between the public and private sector: that our small town can continue to play in the global arena. Please join us in the communication process and in working to make Vail the best it can possibly be, in 1990 and beyond. ~~~1~ ~ . ~. lawn a uai '' press release date released. February 14, 1990 Page: One O f: Two department. Public Relations C' contact person. Caroline Fisher (479-2115) TOWN OF VAIL IMPLEMENTS LATE NIGHT BUS SERVICE FOR TRIAL THREE WEEK PERIOD The Town of Vail announced that it will be implementing extended, late --night bus service for a trial three week period beginning Saturday, February 17, 1990. The late buses will run every night, except Sundays. "The Town has received numerous reports from employees and guests desiring late night service tq East and West Vail," Mayor Kent Rose said. "The extended service will, hopefully, keep drinking drivers off the roads and give employees another option for getting home after work." The two in-town shuttle buses will remain on the in-town shuttle route until 2:00 a.m. At 2:00 a.m., the shuttle bus at the east end of the route (Golden Peak) will display West Vail destination lights and proceed west on the route. Similarly, at 2:00 a.m. the shuttle bus- at the west end of the route (the Marriott) will display East Vail destination lights and proceed east on the route. The buses will meet -- more -- tt~~'-tl c; ' : ;+11 • 7!5 ".4 •",'+~ tttid^ rns+d • Mall, col~tadD S1 Ag7 • (3[t't1 ~7t;.70t~^ and stop at the middle of the shuttle loop and exchange passengers (if necessary), continuing then to the opposite ends of the route. "The continuation of the late night service will depend on the usership," Public Works Director Stan Berryman said. "We hope that restaurant and bar managers, in particular, help us get the word out. This is a service that, if used, could truly benefit the community." Currently, the Town operates the in-town shuttle bus route with two buses until 1:15 a.m. The Town operates one bus on each of the four outlying bus routes until 12:45 a.m. -- 30 -- Town of Vail taws o h'' announces rai LATE NIGHT BUS SERVICE beginning Saturday -- February 17,1990 (EXCEPT SUNDAYS) EAST BOI,IND Last bus will leave Marriott Mark a t 2: DO a. m. WEST BOUND Last bus will leave Golden Peak at 2:00 a.m. Both buses will stop at established Village ~ Lionshead bus stops before heading in outlying directions. This service is being provided for a three week trial period, until March 10th. If the service is utilized, the late night bus service will continue. February is, it1Y0 T^t ti~Lt 11ALLtY EMTplNis Page s Area !~ ers rat :~ ~ .: rc ~ ~ l e _r. ro o s a l by Pam Aolmea Area loggers, predictably, have voiced concern over a proposal to drastically curtail timbering operations within the While River National Forest. "First of ell, I am very upset about the proposal for the White River National Forest to be closed to timber sales," said Sam Satterwhite, owner of Satterwhite Log Homes. "In our case, it's going to have a dramatic ripple effect." The proposal was officially announced last month as part of President George Bush's federal budget for 1991. The budget proposes phasing out certain belawcost commercial timber sales on nine "reef" national forests, to determine whether the loss of local economic activi- ty and federal receipts can be offset through expansion of recreation pro- grams. As part of the proposal, an additional Si0 million would be made available to increase recreation activities for the nine test forests. However, for the ]4 logging operations in this area, the .proposal could mean business death. In-_tl-a.Eagle Raagar District of -the White River National Forest, the average coat to the USFS for timber operations on forest lands is 340 per 1,000 board feet. The average price paid for the timber is only 317 per 1,000 board feet. One logging truck carries an average of 8,000 board feet per load, which equates to 10 cords of fuewood or enough logs for an average size log home. Satterwhite noted the dollars paid for the timber repreaeat only a fraction of his operation's economic impact for Eagle County. Satterwhite, a .log home manufacturer, operates a mill at Dotsero while the main office is heated in Longview, Texas. "The money the Forest Service gala is such a small percentage of the money in- volved in making a product out of timber: ' Satterwhite noted. He acid for every 5180,1100 paid to the USFS~for timber, the product valve of the wood leaps to 32.7 million. "11te bas of our business would have a negative effect to our suppliers," he con- tinued, rating many support induatrie will suffer ender the proposal. Satterwhite noted county government and Eagle County Stdmol District Re~soj will bee tax do1Ln under the plan because tinrbsr =vpeationa raauh :ia sevanrrss for heal governments. "In this one oparatiaa, the Proposal would put abont 20 8agle County people out of work," he added. "Companywide. we would bn shoat 70 jobs is Easle County and Texas combined." David Hoer. as Eagle reddent who operate a small bgging business, sgeed the proposal will .mean bet Jobe for arse residents. He noted the mill in iYrem- "Companywide, we would lose aboait 70 fobs in Eagle a~ld Texas combined." -_ .:.'~,`~y"a -. i. ~: it i . l• i~ rSaf~srwlt~te ~Q~tNbltB ~$ H9D1t18 mling wtll be hard hit by the peen. "it (the proposal) can affect quite a dew jobs and make .quite a change;' Hoar said. "They (timber operattona workers) will have to go some other place m find work." "I think it's going to hurt a bt of people if they do it," agreed Lonnie Eachus, who also operates a small logging business. Dead Wood Sales Under the proposal, the USFS would Blow Christmas tree permits, private firewood gathering, smell salvage sale or post and pole sales. Insect and disease sales would also continue, bat such sales would be curtailed. , '"there would be a tremendous de- mand for dead timber," Satterwhite predicted. According to some area loggers, the thinking behind regulations curtailing deed wood harvesting is inherently flawed. Satterwhite Log Homes uses exclusive- ly Colorado standing dead timber, harvested from the Flat Tops area. for its bg products. According to Satterwhite, the long-standing dead trees make batter house logs because they have been "aaturally cured.. by, high altitude. low humidity and cold temperature. "That timber needs to be removed from ffie forest," Satterwhite said. "That's e whole bt of dry wood that would sure make a big fire in the Flat Tops." Satterwhite nil under the proposal the dead wood 6e ~w harvests would aim- ply go ib waste. ~ "those stands of trees, ewrry winter more and more fall over and they rot." Hoar agreed. "It's sot going m stand there for 10 or 20 yaan for wr to gel the ,. Hoar nil dead timber stands. such n the oms harvested by Sattw~whila, would be useless i£ sot for timbering operations. "ILey died ~ years ago," be acted. Satt~rhits ag:rsd. "ILs crests of that aaiural rsaotuw wotlid be absolutely .horrendous." while opposed sp [be preamt peopoad, aces timber aitsealasa adraowladged asa~e additional osald benefit tLilYhite ltiwr >~ Faeet. ""yFyhe fa+sst b fleas ,her a0rybo~y to nee -and I'm not -shicfly Oppond to 8mklog some of its user," aQ~red Hoer. Hs added calling should br controlled, brit argwd the regQrlatbna should come from those involved in managing th Wtd oa a daily bnia and not a part of aattloaal budSstary concern. ';PAople still npad products to boil taaw Lomas ani the other by-products o the wood iadushy'," he added. `"they ought to manage it (the vatic (corsets) a bit. but they ought to let peopl go iu and cut." offered Eachus. •'I am not an edvoca~ of clear cutting,' avid Satterv-hke. "l, like most of the guy who work in the woods, am a conaerv tionist." - He noted there ers alternatives to th present proposal which would m more effective operation of sot onl timber sales but of the entire USFS. He said the Forest Service could i etkute more effective .operations p cedurea to cut the belowcost practic and that sgreementa could be reached close the break-0ven gap. '"the apecificetiona for roads tba would be built in a national forest cool be lowered," he Proposed, citing road that would. be closed when a timbering operation ceases ea a particular example. According to Satterwhite, many operators would agree to pay higher log- gipg` rates, if financially feasible, for c a t timber operations. He noted Satterwhite Log Homes oversees its entire manage- ment process so hie business could af- ford to absorb some of the higher coats. However, he noted, presently the break- e even price is more than double the going e market price for USFS timber. These ,fl6ttrea wiD push small operators out of d the timber bu6inees, Satterwhite f predicted. "It's itimberiag operations) already nal pretty expensive. The way it is, you cnn e hardly afford to cut it now," Eachus agreed. "A bt of us in the timbering industry a would favor institution of more user fees a- iln national forests); 'Satterwhite added, Ming recreetioa should be paying its e part of forest maintenance costs. can Hoar, however, said 6e was "100 eer- y cent opposed" to plans to raise user fees. °k'e getting harder end harder to enjoy n- t$e forest; ' be explained. ro- Satterwhite urged area residents con- e earned about the timbering proposal to to contact their congressional represen- tatives to collies their position. t 'Timber is s renewable resource. d When it's managed right, it will be there s for the next generation and the next," he concluded. VAIL INFORPIATION 800TH T ~ ' VISITORS STATISTICS `~e~/~`% JANUARY ;;onth 1990 Lions:~ead Village Mall .Total visitors 3,229 +99% 6,,122 -19% 927-62% 10,278 -12°! Phone Calls 898 +31% 844 -62% 0 1,742 -40°~ Total Contacts 4,127 +79% 6,966 -29% 927 12,020 -17°! 1989* LionsHead Village Mall Total visitors 1,621 7,575 2,499 11,695 ahone Calls 6g7 2,245 0 2,°32 Total Contacts 2,3pg 9,820 2,499 14,627 *olease note the Information Booth Gras selling tickets for the World Championship events during Jan. Therefore .the higher than usual number in phone calls & visitors in "89". The LionsHead Booth has been open daily in Jan. 199.0, and only Thurs. through Sun. in 1989.